|
|
| |
| |
|
| | “58C | Recovery of insurance premiums by way of costs |
|
| | (1) | A costs order made in favour of a party to proceedings who has taken out |
|
| | a costs insurance policy may not include provision requiring the payment |
|
| | of an amount in respect of all or part of the premium of the policy, |
|
| | |
| | (a) | the party is one to whom section 58A(8) applies; or |
|
| | (b) | such provision is permitted by regulations under subsection |
|
| | |
| |
| | |
| Clause 113, page 91, line 3, leave out ‘aged 18 or over’. |
|
| |
| | |
| Clause 113, page 91, line 4, after ‘imprisonment’, insert ‘and where a person is |
|
| aged 18 or over the court must impose a sentence of imprisonment’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for damages or other relief in relation to an act |
|
| | in the nature of an interference with personal information or privacy.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for damages or |
|
| | other relief in relation to an act in the nature of an interference with personal |
|
| | information or privacy.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for damages for death or for physical or |
|
| | psychological injury resulting from breach of any duty owed by an employer to |
|
| | |
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for death or for |
|
| | physical or psychological injury resulting from breach of any duty owed by an |
|
| | employer to an employee.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
|
|
| |
| |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for damages for death or for physical or |
|
| | psychological injury resulting from any breach of duty or trespass to the person.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for damages for |
|
| | death or for physical or psychological injury resulting from any breach of duty or |
|
| | trespass to the person.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for damages for physical or psychological |
|
| | disease or illness resulting from any breach of duty or trespass to the person.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for damages for |
|
| | physical or psychological disease or illness resulting from any breach of duty or |
|
| | trespass to the person.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for damages for loss resulting from breach of |
|
| | any duty to exercise professional care or skill.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for damages for |
|
| | loss resulting from breach of any duty to exercise professional care or skill.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a money claim for the benefit of the estate or creditors |
|
| | of an insolvent body corporate or partnership against persons concerned (or |
|
| | formerly concerned) in its management.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
|
|
| |
| |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a money claim for the |
|
| | benefit of the estate or creditors of an insolvent body corporate or partnership |
|
| | against persons concerned (or formerly concerned) in its management.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | clinical negligence proceedings (within the meaning of section 58C).’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section, other than the definitions of “clinical |
|
| | negligence”, “clinical negligence proceedings” and “proceedings” which |
|
| | subsection (2) inserts into the Courts and Legal Services Act 1990, do not apply |
|
| | in relation to a costs order made in favour of a party to clinical negligence |
|
| | proceedings (as so defined).’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | proceedings which include a claim for judicial review of a decision or of a failure |
|
| | to decide by a public body.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings which include a claim for judicial review |
|
| | of a decision or of a failure to decide by a public body.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | |
| | (a) | the parties are businesses, and |
|
| | (b) | one of those parties is a business which is a sole trader, partnership or |
|
| | limited liability private company whose turnover is less than 20 per cent. |
|
| | of the other or another party, and |
|
| | (c) | the success fee is part of a conditional fee agreement made by that party.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings where— |
|
| | (a) | both parties are businesses, and |
|
|
|
| |
| |
|
| | (b) | the receiving party is a business whose turnover is less than 20 per cent. |
|
| | of that of the paying party and the receiving party is a sole trader, |
|
| | partnership or limited liability private company.’. |
|
| |
| | |
| Clause 41, page 29, line 21, at end insert— |
|
| | ‘(2A) | The amendments made by subsections (2) and (4) do not apply in relation to |
|
| | |
| | (a) | one party is an individual who has purchased, commissioned or ordered |
|
| | goods or services from the other party, and |
|
| | (b) | the other party is in business to provide such goods or services, and |
|
| | (c) | the success fee is part of a conditional fee agreement made by the party |
|
| | referred to at (a) above.’. |
|
| |
| | |
| Clause 43, page 31, line 37, at end insert— |
|
| | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
|
| | made in favour of a party to proceedings where— |
|
| | (a) | the receiving party is an individual who has purchased, commissioned or |
|
| | ordered goods or services from the other party, and |
|
| | (b) | the paying party is in business to provide such goods or services.’. |
|
| |
| | |
| Schedule 1, page 99, line 5, leave out ‘from the United Kingdom’. |
|
| |
| | |
| Schedule 1, page 99, line 8, leave out ‘from the United Kingdom’. |
|
| |
| | |
| Schedule 1, page 100, leave out lines 35 to 38 and insert— |
|
| | ‘“abuse” means any incident of threatening behaviour, violence or abuse |
|
| | (psychological, physical, sexual, financial or emotional) between adults |
|
| | who are or have been intimate partners or family members, regardless of |
|
| | |
| |
| | |
| Schedule 1, page 102, line 5, leave out ‘Mediation’ and insert ‘Dispute resolution’. |
|
| |
| | |
| Schedule 1, page 102, line 6, after ‘Mediation’, insert ‘and Collaborative Law’. |
|
| |
| | |
| Schedule 1, page 116, line 8, leave out paragraph 15. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 1, page 96, line 7, at end add— |
|
| | ‘( ) | All other educational needs’. |
|
| |
| | |
| Schedule 1, page 115, line 19, leave out paragraph 2. |
|
| |
| | |
| Clause 16, page 12, line 20, leave out subsection (3). |
|
| |
| | |
| Schedule 1, page 115, line 13, at end add— |
|
| | ‘(c) | civil legal services provided in relation to employment law’. |
|
| |
| | |
| Clause 9, page 6, line 12, at end add— |
|
| | ‘(c) | that the individual is a child, or is without mental capacity’. |
|
| |
| | |
| Clause 9, page 6, line 34, at end add— |
|
| | ‘(7) | Civil legal services are to be available to an individual on a means tested basis for |
|
| | advice and assistance to prepare an application for funding undert subsection |
|
| | |
| |
| | |
| Page 38, line 25, leave out Clause 52. |
|
| |
| | |
| Schedule 1, page 100, line 33, at end insert— |
|
| | ‘(c) | the Director of Legal Aid Casework shall be entitled to determine |
|
| | whether A has been abused by B or to be at risk of being abused by B on |
|
| | the basis of evidence that he considers sufficiently compelling to make |
|
| | |
| |
| | |
| Schedule 1, page 102, line 4, at end insert— |
|
| | ‘(7) | For the purposes of this paragraph, the Director of Legal Aid Casework shall be |
|
| | entitled to determine whether a child who is or would be the subject of the order |
|
| | is at risk of abuse from an individual other than A on the basis of evidence that he |
|
| | considers sufficiently compelling to make such a determination.’. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 1, page 102, line 8, at end insert— |
|
| | ‘(2A) | Civil legal services (including conveyancing services) provided in the course |
|
| | of giving effect to an agreed settlement of a family dispute.’. |
|
| |
| | |
| Clause 2, page 2, line 20, at end insert— |
|
| | ‘(3A) | Before making regulations relating to the payment of remuneration to barristers |
|
| | and solicitors in accordance with subsection (3) the Lord Chancellor shall consult |
|
| | the General Council of the Bar and the Law Society. |
|
| | (3B) | Where the Lord Chancellor makes regulations in accordance with subsection (3) |
|
| | he shall have regard to the need to secure the provision of services of the |
|
| | description to which the order relates by a sufficient number of competent |
|
| | |
| |
|