Legal Services Bill [HL]

I have not overlooked that, but it is important that we do not introduce a parallel scheme for the recovery of damages for loss. The courts are there to fulfil that function and it is right that, where there are significant losses, a case should be determined by a judge on proper evidence. This is surely for minor losses, including expenses and so on, and not for great financial loss arising out of, for example, a property transaction that has gone wrong. It is important to remember that the ombudsman has wider powers to make an award simply on his determination of what is fair and reasonable. As I understand it, the suggestion that the ombudsman should not even have regard to what the law states has just been dismissed by the noble Baroness. We have to be careful to keep the ombudsman within a proper framework and not to have a parallel jurisdiction.