Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 19 October 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 3 and 4

 

Consideration of Bill (Report Stage)


 

Civil Liability Bill [Lords], As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

NC1

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 19 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.”

 

Member’s explanatory statement

 

This new clause would limit increases in the whiplash small claims limit to inflation (CPI), and

 

allow the limit to increase only when inflation had increased the existing rate by £500 since it was

 

last set.

 


 

Richard Burgon

 

Gloria De Piero

 

Bambos Charalambous

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

NC2

 

Parliamentary Star - white    

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”


 
 

Notices of Amendments: 19 October 2018                  

3

 

Civil Liability Bill-[Lords], continued

 
 

Member’s explanatory statement

 

This new clause would limit increases in the small claims track limit for those suffering whiplash

 

injuries to inflationary rises only, for people who are either children or people lacking capacity to

 

make decisions for themselves (as defined in the Mental Capacity Act 2005).

 

 


 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

2

 

Parliamentary Star - white    

Page  3,  line  14,  leave out Clause 3

 

Member’s explanatory statement

 

This amendment would remove the creation of tariffs for whiplash injuries and retain the existing

 

system where judges decide compensation levels with reference to Judicial College Guidelines.

 


 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

3

 

Parliamentary Star    

Page  4,  line  22,  leave out Clause 4

 

Member’s explanatory statement

 

This amendment would remove the creation of tariffs for whiplash injuries and retain the existing

 

system where judges decide compensation levels with reference to Judicial College Guidelines.

 


 

Richard Burgon

 

Gloria De Piero

 

Ellie Reeves

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

4

 

Parliamentary Star    

Page  4,  line  32,  leave out Clause 5

 

Member’s explanatory statement

 

This amendment would remove the creation of tariffs for whiplash injuries and retain the existing

 

system where judges decide compensation levels with reference to Judicial College Guidelines.


 
 

Notices of Amendments: 19 October 2018                  

4

 

Civil Liability Bill-[Lords], continued

 
 

Secretary David Gauke

 

1

 

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

 

Member’s explanatory statement

 

This amendment makes a correction. Regulations under Clause 3(2) may specify an amount in

 

respect of one or more whiplash injuries.

 

 

Order of the House [4 September 2018]

 

That the following provisions shall apply to the Civil Liability Bill [Lords]:

 

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 Tuesday 9 October.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration 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 up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 19 October 2018