Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Schedule 1

BARONESS EATON

LORD NEWTON OF BRAINTREE

LORD CORMACK

BARONESS BUTLER-SLOSS

 

Page 116, line 1, at end insert—

“Children

Civil legal services in relation to advice and proceedings where the child is, or proposes to be, the applicant or respondent in proceedings, or where the child is represented by a legal guardian, including—

(a) arrangements relating to the child’s education;

(b) arrangements relating to any welfare benefit, allowance, payment or credit;

(c) proceedings relating to debt;

(d) housing law;

(e) proceedings relating to immigration and asylum;

(f) proceedings relating to clinical negligence;

(g) proceedings relating to consumer protection law;

(h) appeals to the Criminal Injuries Compensation Authority;

(i) private family law;

(j) proceedings relating to a review or appeal under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(k) proceedings relating to an appeal to the Supreme Court.”

BARONESS EATON

LORD NEWTON OF BRAINTREE

LORD TEBBIT

LORD CRISP

 

Page 117, line 7, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to clinical negligence proceedings where the clinical negligence took place at a time when the individual was a child.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“child” means a person under the age of 18.”

 

Page 117, line 7, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to clinical negligence proceedings.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence.”

Clause 43

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

 

Page 30, line 16, after “(6)”, insert “Subject to subsection (7),”

 

Page 30, line 18, at end insert—

“( ) After subsection (6) of that section, insert—

“(7) A costs order may include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee in the following proceedings—

(a) proceedings in England and Wales by a company which is being wound up in England and Wales or Scotland;

(b) proceedings by a company which has entered administration under Part II of the Insolvency Act 1986;

(c) proceedings in England and Wales by a person acting in the capacity of—

(i) liquidator of a company which is being wound up in England and Wales or Scotland; or

(ii) trustee of a bankrupt’s estate;

(d) proceedings by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986.

(8) In subsections (7)(a) and (c) “company” means a company within the meaning of section 1 of the Companies Act 2006 or a company which may be wound up under Part V of the Insolvency Act 1986.””

Clause 45

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

 

Page 31, line 30, at end insert—

“( ) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where the order is made in favour of a party to proceedings of the type specified in section 58A(7) of the Courts and Legal Services Act 1990.”

Prepared 16th December 2011