House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

41

House of Commons

Tuesday 13 September 2011

Public Bill Committee Proceedings

Legal Aid, Sentencing and Punishment of

Offenders Bill

[Eleventh AND Twelfth Sittings]

Kate Green

Negatived on division  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.

(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)”.’.

Public Bill Committee Proceedings: 13 September 2011
42

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

Withdrawn  196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

Negatived on division  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

Not called  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

Negatived on division  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

Negatived on division  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

Negatived on division  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

Negatived on division  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

Not called  210

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

Public Bill Committee Proceedings: 13 September 2011
43

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 judicial review of a decision or of a failure

to decide by a public body.’.

Mr Andy Slaughter

Not called  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

Not called  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.’.

Clause Agreed to.

Mr Jonathan Djanogly

Agreed to  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

Agreed to  189

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

(11)’.

Clause, as amended, Agreed to.

Kate Green

Not called  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—

Public Bill Committee Proceedings: 13 September 2011
44

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).”’.

Mr Andy Slaughter

Not called  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

Not called  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

Not called  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

Not called  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

Not called  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

Not called  207

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

Public Bill Committee Proceedings: 13 September 2011
45

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

Not called  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

Not called  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

Not called  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

Not called  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.’.

Clause Agreed to.

Clauses 44 to 51 Agreed to.

Public Bill Committee Proceedings: 13 September 2011
46

Legal Aid, Sentencing and Punishment of , continued

Karl Turner

Not selected  228

Page  38,  line  25,  leave out Clause 52.

Clause Agreed to.

Mr Elfyn Llwyd

Withdrawn  116

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

‘in the Crown Court including an appeal’.

Schedule Agreed to.

Mr Jonathan Djanogly

Agreed to  59

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

Schedule, as amended, Agreed to.

[Adjourned until Thursday at 9.00 am



© Parliamentary copyright	Revised 14 September 2011