The Legal Aid, Sentencing and Punishment of Offenders Bill returned today to the House of Lords for its second day in committee. On the previous occasion, peers, including our very own Lord Faulks, made clear their view that the Bill is unacceptable in its current form. One hopes that today their lordships considered those sections of the Bill aimed at removing legal aid for clinical negligence cases.
- The ATE premium for expert fees and reports;
- The 10% increase in damages to fund ‘success fees’ under the Jackson reforms;
- Costs generated by claimants who “give up” seeking justice, for example increased welfare payments, medical treatment and lost output; and
- Costs defending spurious actions no longer weeded out by the legal aid screening process, which would not be recoverable under the proposed system of Qualified One-way Cost Shifting.