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SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 23 October 2018

 

Report Stage Proceedings

 

Civil Liability Bill [Lords], As Amended


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Speaker.

 

 


 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

Negatived on division  NC1

 

To move the following Clause—

 

         

“Restriction on increase in small claims limit for relevant personal injuries

 

(1)    

In this section, the “PI small claims limit” refers to the maximum value of a claim

 

for damages for personal injuries for which, in accordance with Civil Procedure

 

Rules, the small claims track is the normal track.

 

(2)    

Civil Procedure Rules may not increase the PI small claims limit in respect of

 

relevant injury claims to an amount above £1,000 for the first time unless—

 

(a)    

the Lord Chancellor is satisfied, and has certified in writing, that on the

 

day the rules are to come into force, the value of £1,000 on 1 April 1999


 
 

Report Stage Proceedings: 23 October 2018                

2

 

Civil Liability Bill-[Lords], continued

 
 

adjusted for inflation, computed by reference to CPI, would be at least

 

£1,500, and

 

(b)    

the rules increase the PI small claims limit to no more than £1,500.

 

(3)    

Civil Procedure Rules may not increase the PI small claims limit in respect of

 

relevant injury claims on any subsequent occasion unless—

 

(a)    

the Lord Chancellor is satisfied, and has certified in writing, that on the

 

day the rules are to come into force, the value of £1,000 on 1 April 1999

 

adjusted for inflation, computed by reference to CPI, would be at least

 

£500 greater than on the day on which the rules effecting the previous

 

increase were made, and

 

(b)    

the rules increase the PI small claims limit by no more than £500.

 

(4)    

In this section—

 

“CPI” means the all items consumer prices index published by the Statistics

 

Board;

 

“relevant injury” means an injury which is an injury of soft tissue in the

 

neck, back, or shoulder and which is caused as described in paragraphs

 

(b) and (c) of section 1(4) (negligence while using a motor vehicle on a

 

road, etc.);

 

“relevant injury claim” means a claim for personal injury that consists only

 

of, or so much of a claim for personal injury as consists of, a claim for

 

damages for pain, suffering and loss of amenity caused by a relevant

 

injury, and which is not a claim for an injury in respect of which a tariff

 

amount is for the time being prescribed under section 2.”

 


 

Richard Burgon

 

Gloria De Piero

 

Bambos Charalambous

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

Negatived on division  NC2

 

To move the following Clause—

 

         

“Small Claims Track: Children and Protected Parties

 

(1)    

The Small Claims Track Limit in relation to claims made by children and

 

protected parties for whiplash injuries may not be increased unless the increase is

 

to an amount which is not more than the value of £1,000 on 1 April 1999 adjusted

 

for inflation, computed by reference to the consumer prices index.

 

(2)    

In subsection (1),

 

“children” means any person or persons under 18;

 

“protected parties” means any person who lacks capacity to conduct the

 

proceedings;

 

“lacks capacity” means lacks capacity within the meaning of the Mental

 

Capacity Act 2005”

 

 



 
 

Report Stage Proceedings: 23 October 2018                

3

 

Civil Liability Bill-[Lords], continued

 
 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

Negatived on division  2

 

Page  3,  line  14,  leave out Clauses 3 to 5

 


 

Secretary David Gauke

 

Agreed to  1

 

Clause  5,  page  5,  line  30,  after “injury” insert “or injuries”

 

Legislative Consent Motion (England and Wales), agreed to.

 

Bill read the third time on division and passed, with Amendments.

 


 

 

Revised 23 October 2018