House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 1 September 2011
66

Legal Aid, Sentencing and Punishment of , continued

“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,

unless—

(a)
the party is one to whom section 58A(8) applies; or

(b)
such provision is permitted by regulations under subsection

(2).”’.

Nick de Bois

194

Clause  113,  page  91,  line  3,  leave out ‘aged 18 or over’.

Nick de Bois

195

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’.

Mr Andy Slaughter

196

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.’.

Mr Andy Slaughter

197

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.’.

Karl Turner

198

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

an employee.’.

Karl Turner

199

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.’.

Mr Andy Slaughter

200

Clause  41,  page  29,  line  21,  at end insert—

Notices of Amendments: 1 September 2011
67

Legal Aid, Sentencing and Punishment of , continued

‘(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.’.

Mr Andy Slaughter

201

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.’.

Kate Green

202

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.’.

Kate Green

203

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.’.

Mr Andy Slaughter

204

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.’.

Mr Andy Slaughter

205

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.’.

Mr Andy Slaughter

206

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.’.

Mr Andy Slaughter

207

Clause  43,  page  31,  line  37,  at end insert—

Notices of Amendments: 1 September 2011
68

Legal Aid, Sentencing and Punishment of , continued

‘(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.’.

Mr Andy Slaughter

208

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).’.

Mr Andy Slaughter

209

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).’.

Mr Andy Slaughter

210

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.’.

Mr Andy Slaughter

211

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.’.

Mr Andy Slaughter

212

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 in which—

(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.’.

Mr Andy Slaughter

213

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

Notices of Amendments: 1 September 2011
69

Legal Aid, Sentencing and Punishment of , continued

(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.’.

Karl Turner

214

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 in which—

(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.’.

Karl Turner

215

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.’.

Yvonne Fovargue

216

Schedule  1,  page  99,  line  5,  leave out ‘from the United Kingdom’.

Yvonne Fovargue

217

Schedule  1,  page  99,  line  8,  leave out ‘from the United Kingdom’.

Kate Green

218

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

gender or sexuality;’.

Mr Andy Slaughter

219

Schedule  1,  page  102,  line  5,  leave out ‘Mediation’ and insert ‘Dispute resolution’.

Mr Andy Slaughter

220

Schedule  1,  page  102,  line  6,  after ‘Mediation’, insert ‘and Collaborative Law’.

Yvonne Fovargue

221

Schedule  1,  page  116,  line  8,  leave out paragraph 15.

Notices of Amendments: 1 September 2011
70

Legal Aid, Sentencing and Punishment of , continued

Yvonne Fovargue

222

Schedule  1,  page  96,  line  7,  at end add—

‘( )
All other educational needs’.

Mr Andy Slaughter

223

Schedule  1,  page  115,  line  19,  leave out paragraph 2.

Karl Turner

224

Clause  16,  page  12,  line  20,  leave out subsection (3).

Mr Andy Slaughter

225

Schedule  1,  page  115,  line  13,  at end add—

‘(c)
civil legal services provided in relation to employment law’.

Kate Green

226

Clause  9,  page  6,  line  12,  at end add—

‘(c)
that the individual is a child, or is without mental capacity’.

Kate Green

227

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

(2)(a).’.

Karl Turner

228

Page  38,  line  25,  leave out Clause 52.

Karl Turner

229

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

such a determination.’.

Karl Turner

230

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.’.

Notices of Amendments: 1 September 2011
71

Legal Aid, Sentencing and Punishment of , continued

Kate Green

231

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.’.

Mr Elfyn Llwyd

232

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

persons and bodies.’.



© Parliamentary copyright	Revised 2 September 2011