One of the legal profession’s most distinguished peers has offered fresh hope that the House of Lords may yet drive through significant amendments to the legal aid and civil litigation reforms.

Liberal Democrat Lord Carlile of Berriew QC believes there is enough support from all sides to push for changes to the Legal Aid, Sentencing and Punishment of Offenders Bill.

In particular, he fears the government’s blanket approach to cutting civil legal aid threatens to create what he called a ‘two-class concept’.

The former MP added: ‘The Lords won’t go to war with the Commons, but I believe there may be some degree of "ping-pong".

'There are enough people in the Lords who feel strongly about some of these issues to fight the good fight.’

Clinical negligence in particular is in his sights. Carlile emphasised that relying on pro bono is unlikely to absorb more than 5% of cases.

He added: ‘Clinical negligence cases are an example of a cohort of cases in which disbursements would work up front; cases in which you don’t know you’re going to have a successful claim, all you can say is there might be one until some expert evidence has been obtained.

'In a brain injury case it can be quite difficult to ascertain whether the problems are caused by a brain injury or personality. The very least you need in a case like that is a report from a neurologist with experience of giving expert evidence. There needs to be provision for such disbursement to be permitted so that a proper assessment can be made.’

Carlile said it was a matter of ‘real regret’ that the Lords may end up scrutinising the bill in more detail than the Commons.