It is generally acknowledged that the payment method of "no win no fee" can increase access to justice for those who would not otherwise be able to afford to litigate, but recently there has been debate over whether "no win no fee" in turn has contributed to a "compensation culture."

Now, the Times reports that the Supreme Court is to rule on whether this costs regime could breach the right to a fair hearing. The judgment could have huge consequences. Indeed Lord Neuberger said that if the Court rules that the right to a fair trial was infringed it could have “very serious consequences for the government” as litigants could have a claim for compensation against the government for the infringement.