Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to ensure that families affected by Primodos are not prevented from pursuing legal redress due to the potential risk of high legal costs.

The Government cannot comment on individual legal cases, but we are committed to access to justice at proportionate cost. There are several mechanisms that can reduce the legal costs involved in pursuing a civil claim. Whether any are available to a claimant would depend on the specifics of the claim.

Claimants may be able enter into an agreement with a lawyer using a Conditional Fee Agreement or Damages Based Agreement, or with a third party funder using a Litigation Funding Agreement. Such agreements usually mean that a claimant will not have to pay all or part of their own legal costs unless they win their case.

Claimants may be able to take out Legal Expenses Insurance and After the Event insurance to mitigate some of the financial risks associated with litigation. Such insurance would usually cover adverse legal costs, where the losing party in a claim is ordered to pay the legal costs of the other side.

Fixed Recoverable Costs are also applicable to most civil cases in the Fast and Intermediate Tracks. These allow parties to know in advance what adverse costs they would be liable for if they lose a case. This can help claimants make an informed decision about whether or not to pursue litigation.