Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, following the announcement on 4 March of the establishment of an inquiry into third party litigation funding, when they expect to announce the terms of reference, the members of the inquiry panel and the timing of the review.
Answered by Lord Bellamy
The Lord Chancellor has invited the Civil Justice Council, the body responsible for overseeing and co-ordinating the modernisation of the civil justice system, to undertake a review of third-party litigation funding in England and Wales. The CJC has agreed to undertake the review and will be announcing terms of reference and other information shortly.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether they plan to introduce further Law Commission bills; and if so, when.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government values and supports the important work the Law Commission undertake to improve the statute book. The introduction of new Bills will be announced in the usual manner.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 19 December 2017 (HL3883), when they will set out their views on the way forward in relation to the personal injury discount rate; and why they have not done so already.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Justice Select Committee of the House of Commons published its report: Pre-legislative scrutiny: draft personal injury discount rate clause, on 30 November. The Government had intended to reply to the Committee by 30 January but is not yet in a position to do so.
The Government will publish its response to the report and the comments made by stakeholders in relation to the draft legislation together with details of how it intends to proceed as soon as possible after it has reached final conclusions on the way forward.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government when they expect to announce their plans for the future setting of the Ogden Rate.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
On 30 November the Justice Select Committee published the report of its pre-legislative scrutiny inquiry into the draft legislation on the personal injury discount rate published by the Ministry of Justice on 7 September (Cm 9500).
The Government will respond to the Committee’s conclusions and other comments received on the draft legislation and set out its views on the way forward within two months of the publication of the Committee’s report.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, in each of the last three years for which figures are available, how many confiscation orders were (1) authorised by the courts, and (2) put into effect; and how much money was recovered.
Answered by Baroness Buscombe
The volumes and values of confiscation orders granted and the total value of confiscation orders collected in the last three years is:
Year | Volume of orders granted | Value of orders granted | Total value of confiscation orders collected (all agencies) |
2013/14 | 6,023 | £215,839,389 | £137,249,237 |
2014/15 | 5,907 | £244,785,936 | £154,139,997 |
2015/16 | 5,937 | £451,977,460 | £175,240,424 |
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether they plan to introduce regulations to ensure that third party litigation funders are subject to the same statutory duties and obligations as apply to law firms operating in the same field.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government does not believe that the case has been made out for moving away from voluntary regulation, as agreed by Parliament during the passage of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The market for third party litigation funding, remains at a relatively early stage in its development in this jurisdiction and we are not aware of specific concerns about the activities of litigation funders. The Government has not therefore undertaken a formal assessment of the effectiveness of the voluntary code of conduct or the membership of the Association of Litigation Funders. The last Government gave Parliament an assurance that it will keep third party litigation funding under review and this Government is ready to investigate matters further should the need arise.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether it is the case that fewer than half the number of UK based firms, and no overseas based firms, have joined the Association of Litigation Funders; and what assessment they have made of the effectiveness of the voluntary code of conduct drafted by the Association.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government does not believe that the case has been made out for moving away from voluntary regulation, as agreed by Parliament during the passage of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The market for third party litigation funding, remains at a relatively early stage in its development in this jurisdiction and we are not aware of specific concerns about the activities of litigation funders. The Government has not therefore undertaken a formal assessment of the effectiveness of the voluntary code of conduct or the membership of the Association of Litigation Funders. The last Government gave Parliament an assurance that it will keep third party litigation funding under review and this Government is ready to investigate matters further should the need arise.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government whether, in the light of the rapid expansion of third party litigation, they plan to introduce statutory regulation of funders.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government does not believe that the case has been made out for moving away from voluntary regulation, as agreed by Parliament during the passage of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The market for third party litigation funding, remains at a relatively early stage in its development in this jurisdiction and we are not aware of specific concerns about the activities of litigation funders. The Government has not therefore undertaken a formal assessment of the effectiveness of the voluntary code of conduct or the membership of the Association of Litigation Funders. The last Government gave Parliament an assurance that it will keep third party litigation funding under review and this Government is ready to investigate matters further should the need arise.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the Written Answer by Lord Faulks on 5 February (WA 238), whether they are now in a position to implement a revision to the personal injury discount rate.
Answered by Lord Faulks
The Government's review of the personal injury discount rate is still continuing and the position remains as stated in my Written Answer to my Noble Friend of 25 February 2014 (WA238).