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Public Bill Committee: 6 September 2011                  

101

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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

 

or omission.

 

(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

 

omission.

 

(6)    

For the purposes of this section “public authority” has the same meaning as in

 

section 6 of the Human Rights Act 1998.’.

 


 

Kate Green

 

192

 

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

 

England or Wales;

 

(ii)    

the resources of the proposed claimant or claimants are

 

significantly less than those of the proposed defendant or

 

defendants; and

 

(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

 

in England or Wales.


 
 

Public Bill Committee: 6 September 2011                  

102

 

Legal Aid, Sentencing and Punishment of , continued

 
 

(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

 

committed.”.

 

(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

 

“58A(8)”.’.

 

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.’.

 

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.’.

 

Mr Andy Slaughter

 

200

 

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.’.

 

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.’.

 

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

 

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.’.


 
 

Public Bill Committee: 6 September 2011                  

103

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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

 

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

 

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.’.

 

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.’.

 


 

Mr Jonathan Djanogly

 

188

 

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)”.’.

 

Mr Jonathan Djanogly

 

189

 

Clause  42,  page  30,  line  28,  leave out ‘this section’ and insert ‘subsections (1) to

 

(11)’.

 



 
 

Public Bill Committee: 6 September 2011                  

104

 

Legal Aid, Sentencing and Punishment of , continued

 
 

Kate Green

 

193

 

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,

 

unless—

 

(a)    

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

 

(b)    

such provision is permitted by regulations under subsection

 

(2).”’.

 

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

 

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

 

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

 

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

 

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.’.


 
 

Public Bill Committee: 6 September 2011                  

105

 

Legal Aid, Sentencing and Punishment of , continued

 
 

Mr Andy Slaughter

 

207

 

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.’.

 

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

 

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

 

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

 

(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

 

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.’.

 



 
 

Public Bill Committee: 6 September 2011                  

106

 

Legal Aid, Sentencing and Punishment of , continued

 
 

Karl Turner

 

228

 

Page  38,  line  25,  leave out Clause 52.

 


 

Mr Elfyn Llwyd

 

116

 

Schedule  6,  page  142,  line  18,  leave out from ‘proceedings’ to ‘under’ and insert

 

‘in the Crown Court including an appeal’.

 


 

Mr Jonathan Djanogly

 

59

 

Schedule  7,  page  153,  line  36,  leave out ‘33B’ and insert ‘33B(1)(d)’.

 


 

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’.

 

 

Order of the House [29 JUNE 2011]

 

That the following provisions shall apply to the Legal Aid, Sentencing and Punishment

 

of Offenders Bill—

 

Committal

 

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

 

which it meets.

 

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.


 
 

Public Bill Committee: 6 September 2011                  

107

 

Legal Aid, Sentencing and Punishment of , continued

 
 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

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]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

12 July) meet—

 

(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

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 12 July

Until no later

Criminal Justice Alliance; Prison

 
  

than 11.30 am

Reform Trust; Howard League for

 
   

Penal Reform

 
 

Tuesday 12 July

Until no later

NAPO; Prison Officers’ Association

 
  

than 12 noon

  
 

Tuesday 12 July

Until no later

Commissioner for Victims and

 
  

than 12.30 pm

Witnesses; Victim Support

 
 

Tuesday 12 July

Until no later

Magistrates’ Association

 
  

than 1.00 pm

  
 

Tuesday 12 July

Until no later

Law Society; Bar Council; Family

 
  

than 5.00 pm

Mediation Council; Leigh Day & Co

 
   

Solicitors

 
 

Tuesday 12 July

Until no later

Director of Public Prosecutions

 
  

than 5.20 pm

  
 

Tuesday 12 July

Until no later

Legal Services Commission

 
  

than 5.40 pm

  
 

Thursday 14 July

Until no later

Rights of Women; National

 
  

than 9.40 am

Federation of Women’s Institutes

 
 

Thursday 14 July

Until no later

G4S; Sodexo

 
  

than 10.25 am

  
 

Thursday 14 July

Until no later

Shelter; Citizens Advice Bureau;

 
  

than 2.15 pm

Law Centres Federation; Advice

 
   

Services Alliance; R3

 
 

Thursday 14 July

Until no later

Liberty; Justice; Legal Action Group

 
  

than 3.00 pm

  
 

Thursday 14 July

Until no later

NSPCC; Local Government

 
  

than 3.45 pm

Association; Standing Committee on

 
   

Youth Justice; Children’s

 
   

Commissioner for England

 
 

Thursday 14 July

Until no later

Association of British Insurers;

 
  

than 4.30 pm

Association of Personal Injury

 
   

Lawyers; Action Against Medical

 
   

Accidents

 

 
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Revised 6 September 2011