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| |
| | |
| | |
| |
| | | unreasonable or negligent act or omission on the part of the local authority or any |
|
| | | of its representatives including— |
|
| | | (a) | an administrative failure which could have been prevented by due |
|
| | | diligence at individual or organisational level, |
|
| | | (b) | a failure to make out an arguable case against the individual on the basis |
|
| | | of the facts and the law, |
|
| | | (c) | a failure to concede a case at any stage where due to any new |
|
| | | development, whether evidential or legal, there is no longer an arguable |
|
| | | case against an individual, |
|
| | | (d) | a fundamental misunderstanding or ignorance of the facts or the law in a |
|
| | | case which could have been prevented by the exercise of due diligence, or |
|
| | | (e) | a delay in providing or failure to provide relevant information or |
|
| | | evidence, which could not be obtained otherwise than from the public |
|
| | | authority, without reasonable justification. |
|
| | | (3) | A costs award under section 2 may reimburse the legal aid fund in the sum of any |
|
| | | amount of any costs which the Court or Tribunal assesses as flowing from the act |
|
| | | |
| | | (4) | Where the Court or Tribunal concludes that proceedings before it would not have |
|
| | | been required, or would have been shorter or otherwise less expensive were not |
|
| | | for the act or omission, it may order that costs be paid to the Tribunal. |
|
| | | (5) | Wasted costs awarded in accordance with subsection (3) and (4) above must not |
|
| | | exceed the amount of the actual wasted expenditure resulting from the act or |
|
| | | |
| | | (6) | For the purposes of this section “public authority” has the same meaning as in |
|
| | | section 6 of the Human Rights Act 1998.’. |
|
| | |
| | |
| | | |
| | Clause 41, page 29, line 21, at end insert— |
|
| | | ‘(2A) | After subsection (7) of that section insert— |
|
| | | “(8) | The Lord Chancellor may by order prescribe that section 58(4A) and |
|
| | | (4B) and subsection (6) above shall not apply to any conditional fee |
|
| | | agreement where all of the following conditions are met— |
|
| | | (a) | the proceedings include a claim by an individual or group of |
|
| | | individuals for damages in tort/delict or breach of contract; |
|
| | | (b) | the damage is alleged to have occurred in a developing country; |
|
| | | (c) | a judge of the High Court has certified (whether before or after |
|
| | | the commencement of court proccedings), that— |
|
| | | (i) | the proposed litigation raises issues which ought, in the |
|
| | | interests of justice, to be considered by a court in |
|
| | | |
| | | (ii) | the resources of the proposed claimant or claimants are |
|
| | | significantly less than those of the proposed defendant or |
|
| | | |
| | | (iii) | absent the provisions of this subsection there would be a |
|
| | | significant risk that the proposed claimant or claimants |
|
| | | would be unable to secure effective legal representation |
|
| | | |
|
| |
| | |
| | |
| |
| | | (9) | In subsection (8) ‘developing country’ means a country whose per capita |
|
| | | gross national income was less than 50 per cent. of the per capita gross |
|
| | | national income of the United Kingdom in the year (or if more than one |
|
| | | year, the first year) in which the relevant tort is alleged to have been |
|
| | | |
| | | (2B) | In section 120(4) of that Act (regulations and orders subject to parliamentary |
|
| | | approval) after the amendment made by subsection (5) of this section, insert |
|
| | | |
| | |
| | | |
| | 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 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 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 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 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 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 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 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 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 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 42, page 30, line 27, at end insert— |
|
| | | ‘( ) | In section 120(4) of that Act (regulations and orders subject to parliamentary |
|
| | | approval) for “58AA” substitute “58AA(4)”.’. |
|
| | |
| | | |
| | Clause 42, page 30, line 28, leave out ‘this section’ and insert ‘subsections (1) to |
|
| | |
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 43, page 30, line 31, leave out subsection (1) and insert— |
|
| | | ‘(1) | In the Courts and Legal Services Act 1990, after section 58B insert— |
|
| | | “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 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 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 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 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 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 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 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 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 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 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.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 38, line 25, leave out Clause 52. |
|
| | |
| | |
| | | |
| | Schedule 6, page 142, line 18, leave out from ‘proceedings’ to ‘under’ and insert |
|
| | ‘in the Crown Court including an appeal’. |
|
| | |
| | |
| | | |
| | Schedule 7, page 153, line 36, leave out ‘33B’ and insert ‘33B(1)(d)’. |
|
| | |
| | |
| | | |
| | 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’. |
|
| | |
| | | Order of the House [29 JUNE 2011] |
|
| | | That the following provisions shall apply to the Legal Aid, Sentencing and Punishment |
|
| | | |
| | | |
| | | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | | Proceedings in Public Bill Committee |
|
| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | | concluded) be brought to a conclusion on Thursday 13 October 2011. |
|
| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | | |
| | | Consideration and Third Reading |
|
| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
|
| | | brought to a conclusion one hour before the moment of interruption on the |
|
| | | day on which those proceedings are commenced. |
|
| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | | brought to a conclusion at the moment of interruption on that day. |
|
|
| |
| | |
| | |
| |
| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | | proceedings on Consideration and Third Reading. |
|
| | | |
| | | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | | consideration of Lords Amendments or on any further messages from the |
|
| | | Lords) may be programmed. |
|
| | |
| | | Order of the Committee [12 JULY 2011, as amended on 14 july 2011] |
|
| | | |
| | | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
|
| | | |
| | | (a) | at 4.00 pm on Tuesday 12 July; |
|
| | | (b) | at 9.00 am and 1.00 pm on Thursday 14 July; |
|
| | | (c) | at 9.00 am and 1.30 pm on Tuesday 19 July; |
|
| | | (d) | at 10.30 am and 4.00 pm on Tuesday 6 September; |
|
| | | (e) | at 9.00 am and 1.00 pm on Thursday 8 September; |
|
| | | (f) | at 10.30 am and 4.00 pm on Tuesday 13 September; |
|
| | | (g) | at 9.00 am and 1.00 pm on Thursday 15 September; |
|
| | | (h) | at 10.30 am and 4.00 pm on Tuesday 11 October; |
|
| | | (i) | at 9.00 am and 1.00 pm on Thursday 13 October; |
|
| | | (2) | the Committee shall hear oral evidence in accordance with the following |
|
| | | |
| | | |
| | | | | | | | | | | Criminal Justice Alliance; Prison |
| | | | | | | Reform Trust; Howard League for |
| | | | | | | | | | | | | | NAPO; Prison Officers’ Association |
| | | | | | | | | | | | | | Commissioner for Victims and |
| | | | | | | Witnesses; Victim Support |
| | | | | | | | | | | | | | | | | | | | | Law Society; Bar Council; Family |
| | | | | | | Mediation Council; Leigh Day & Co |
| | | | | | | | | | | | | | Director of Public Prosecutions |
| | | | | | | | | | | | | | Legal Services Commission |
| | | | | | | | | | | | | | Rights of Women; National |
| | | | | | | Federation of Women’s Institutes |
| | | | | | | | | | | | | | | | | | | | | Shelter; Citizens Advice Bureau; |
| | | | | | | Law Centres Federation; Advice |
| | | | | | | | | | | | | | Liberty; Justice; Legal Action Group |
| | | | | | | | | | | | | | | | | | | | | Association; Standing Committee on |
| | | | | | | Youth Justice; Children’s |
| | | | | | | | | | | | | | Association of British Insurers; |
| | | | | | | Association of Personal Injury |
| | | | | | | Lawyers; Action Against Medical |
| | | | | | | | | |
|
|
