I congratulate Martyn Day on the success he is having in his use of conditional fee agreements (CFAs) (see [2008] Gazette, 6 November, 14), but it is important to add that the Legal Services Commission (LSC) still funds major group claims.

In fact, the LSC allocates £3m a year to major multi-party actions. We are presently funding two high-profile product liability cases in the pharmaceutical sector. And, only this month, there was a compromise in the Vigabatrin action by Wolferstans (the claims have been compromised on confidential terms without any admission of liability).

I agree with Martyn that product liability actions are difficult to win. These claims represent the highest-risk actions in our portfolio, which we fund for the life-changing level of damages that arises from major injury. Yet we are still prepared to fund the right case at the right price. It is our funding which is continuing to enable the boundaries of case law to be pushed back.

Martyn does not hide his frustration at what he feels is our unnecessary bureaucracy in this sphere, but given a lack of success in the past, we simply have to ensure there is adequate control when public money is used.

The freedom that solicitors experience by working under CFAs is balanced by the increased risks they take. We are always looking at simplifying procedures, but if solicitors want the LSC to take the risk, they have to accept our regulation too.

David Keegan, Director, High Cost Cases Group, Legal Services Commission