Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 26

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.

Clause 43

LORD BACH

LORD BEECHAM

 

Page 30, line 16, after “proceedings” insert “, other than a claim for damages as a consequence of a personal injury in which the claimant sustained injuries of maximum severity as defined in the Judicial Studies Board Guidelines on Personal Injury Damages,”

 

Page 30, line 16, after “proceedings” insert “, other than a claim for damages for personal injury based on occupiers’ liability,”

 

Page 30, line 16, after “proceedings” insert “, unless the court determines that the conduct of the defendant has been unreasonable (in whole or in part)”

 

Page 30, line 16, after “proceedings” insert “, other than those cases that are certified as being a test case of public importance,”

 

Page 30, line 16, after “proceedings” insert “, other than an appeal,”

 

Page 30, line 16, after “proceedings” insert “, other than a claim for damages under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934 arising out of death,”

Clause 45

LORD BACH

LORD BEECHAM

 

Page 31, line 26, after “proceedings” insert “, for any area of law that is subject to a qualified one-way cost-shifting regime,”

 

Page 31, line 31, leave out first “may” and insert “shall”

 

Page 31, line 31, leave out second “may” and insert “shall”

 

Page 31, line 44, at end insert—

“( ) The Lord Chancellor shall by regulations provide that a costs order shall include a payment to cover circumstances where a party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay his or her own disbursements and against any residual risks of meeting the other party’s costs after the introduction of any qualified one-way cost-shifting regime.”

 

Page 31, line 44, at end insert—

“( ) When making Regulations under subsection (2), the Lord Chancellor shall have regard to the financial and commercial viability of the insurance market.”

Clause 46

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.

Clause 53

LORD BACH

LORD BEECHAM

 

Page 38, line 3, leave out “may” and insert “shall”

 

Page 38, line 16, after “amount” insert “, being an amount not less than 10 percent,”

 

Page 38, line 16, after “amount” insert “, being an amount not less than 25 percent,”

 

Page 38, line 17, at end insert—

“(3A) Every three years beginning with the day that this section comes into force, the Lord Chancellor must review the level of the prescribed amount referred to in subsection (3) and consider whether there should be any increase.

(3B) Following a review being undertaken under subsection (3A), the Lord Chancellor must either—

(a) in a case where he or she considers that the amount should be increased, lay a draft order with the reasons for any proposed changes before both Houses of Parliament for approval; or

(b) in a case where he or she considers that the amount should not be increased, publish and lay of the results of the review, including any reasons for not making an increase, before both Houses of Parliament.”

Clause 54

LORD BACH

LORD BEECHAM

 

Page 39, line 24, at end insert—

“( ) A regulated person is not in breach of this section if—

(a) that person is a solicitor; and

(b) the body to which the payment is made for the prescribed legal business is a registered charity that has been granted an exemption by the claims management regulation unit.”

Clause 56

LORD BACH

LORD BEECHAM

 

Page 41, line 2, leave out “may” and insert “shall”

 

Page 41, line 2, leave out “enable” and insert “require”

 

Page 41, line 16, leave out “may” and insert “shall”

Clause 134

LORD BACH

LORD BEECHAM

 

Page 113, line 23, after “subsection” insert “(1A) and”

 

Page 113, line 23, at end insert—

“(1A) The Lord Chancellor may not make an order to commence sections 45 and 46 until the Lord Chancellor has established a viable system of one-way cost-shifting for civil litigation.”

 

Page 113, line 23, at end insert—

“( ) An order bringing Part 2 of this Act into effect, in whole or part, shall not be made unless—

(a) person injury damages for pain, suffering and loss of amenity have been increased by 25%;

(b) an effective system of one-way qualified cost-shifting has been introduced; and

(c) an effective system to meet the disbursements of unsuccessful claimants has been introduced.”

Prepared 13th December 2011