House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

45

House of Commons

Notices of Amendments

given on

Thursday 21 June 2012

For other Amendment(s) see the following page(s):

Defamation Bill Committee 37-44

Public Bill Committee

Defamation Bill

Paul Farrelly

34

Clause  10 ,  page  8,  line  20,  after ‘for’, insert ‘damages for’.

Disapplication of Legal Aid, Sentencing and Punishment of Offenders Act 2012

Mr Andy Slaughter

NC10

To move the following Clause:—

‘Sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders

Act 2012 shall not apply in relation to civil actions for defamation, malicious

falsehood, breach of confidence, privacy or publication proceedings.’.

Limitation of success fees

Mr Andy Slaughter

NC11

To move the following Clause:—

‘(1)
Section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

shall not apply in relation to civil actions for defamation, malicious falsehood,

breach of confidence, privacy or publication proceedings.

(2)
Section 58(4)(c) of the Courts and Legal Services Act 1990 is amended to add at

end the words “except in defamation, malicious falsehood, breach of confidence,

privacy or publication proceedings where that percentage must not exceed 50 per

cent.”.’.

Notices of Amendments: 21 June 2012
46

Defamation Bill, continued

Moratorium on application of Legal Aid, Sentencing and Punishment of Offenders Act

2012

Mr Andy Slaughter

NC12

To move the following Clause:—

‘Sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders

Act 2012 shall not be brought into force in relation to proceedings relating to

defamation, malicious falsehood, breach of confidence or privacy until the

relevant Secretary of State has—

(a)
carried out a review of the findings and recommendations of all four

Modules of the Leveson Inquiry into the culture, practices and ethics of

the press;

(b)
established a body to replace the Press Complaints Commission

following the review of the findings of the Leveson Inquiry;

(c)
carried out a review of the impact and effectiveness of the body set up to

replace the Press Complaints Commission;

(d)
carried out a review of the impact of this Act; and

(e)
published a report of the conclusions of the reviews referred to in this

section.’.

Recovery of costs

Mr Andy Slaughter

NC13

To move the following Clause:—

‘Costs ordered against a party in a civil action for defamation, malicious

falsehood, breach of confidence, privacy or publication proceedings shall not

exceed the amount (if any) which is reasonable having regard to all the

circumstances of the case, including—

(a)
the financial resources of all the parties to the proceedings, and

(b)
the conduct of the parties in connection with the dispute to which the

proceedings relate.’.

Paul Farrelly

35

Clause  9,  page  7,  line  27,  leave out ‘against a person who is not domiciled’ and

insert ‘by a person against a person neither of whom are domiciled.’.

Paul Farrelly

36

Clause  9,  page  7,  line  32,  at end insert—

‘(1A)
This section also applies in an action for defamation where the court is satisfied

that the words or matters complained of have been principally published outside

the United Kingdom.’.

Notices of Amendments: 21 June 2012
47

Defamation Bill, continued

Paul Farrelly

37

Clause  9,  page  7,  line  37,  at end insert ‘taking all relevant factors into consideration

and having regard also to the extent of publication elsewhere.’.

NOTICES WITHDRAWN

The following Notices have been withdrawn: 21 June 2012:

Amendments 47 and 48

NC 3



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