I entirely agree with that and I think that there ought to be a regime for the determination of the size of the success fee in any event. If a case is brought, that matter should be capable of being decided by the court. The noble Lord’s point is one which unfortunately will see damages being taken willy-nilly precisely from claimants in that category. They will not have the opportunity of getting the success fee paid by the other side. In a sense the noble Lord is supporting the case I am making. I entirely agree that members at both ends of the legal profession need to be monitored and that the courts ought to be taking a more positive role both in case management, as I indicated in the first debate, and in the assessment of what is an appropriate success fee. I beg leave to withdraw the amendment.
Amendment 121 withdrawn.
Amendment 122 not moved.
Amendment 123
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Beecham
(Labour)
in the House of Lords on Monday, 30 January 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
About this proceeding contribution
Reference
734 c1364 Session
2010-12Chamber / Committee
House of Lords chamberSubjects
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