Legal Aid, Sentencing and Punishment of Offenders Bill

Decisions are made about such cases now, and even under the existing system, if there are large sums involved, ATE insurance companies want to know the likelihood of losing. A lawyer also has to make such an assessment. As things stand, the balance is not right, and we want to rebalance the situation. Partly as a consequence of what I have said, I do not believe we should accept the view that critics sometimes advance that our reforms will leave victims of this terrible disease out of pocket. It is true that under our plans individuals will pay legal costs out of their general damages. Crucially, though, damages for future care and losses are protected, and general damages are being increased by 10% to offset a success fee capped at 25%. It is of course entirely up to the lawyer whether any success fee is taken from a claimant's damages at all.