Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Fourth Marshalled List]

Clause 43

BARONESS KINGSMILL

133ZA*

Page 30, line 24, leave out subsection (4) and insert—

“(4) In subsection (6) of that section after “subject in the case of court proceedings to rule of court” insert “and subject to subsections (6A) to (6C)”.

(4A) After subsection (6) insert—

“(6A) The Lord Chancellor shall by order restrict the extent to which success fees can be recovered in accordance with subsection (6).

(6B) The order must—

(a) allow recovery of a success fee, at a rate specified in the order of not less than 12.5 per cent and not more than 27.5 per cent in respect of work carried out in issuing proceedings and from then until completion of pre-trial stages, and

(b) allow recovery of a success fee of 50 per cent for work after the completion of pre-trial stages (including any work in respect of appeals)

(6C) The order—

(a) must make supplemental provision in respect of subsection (6B) (in particular, provision for determining what amounts to completion of pre-trial stages);

(b) may refer to rules of court or provide for matters to be determined by or in accordance with rules of court; and

(c) shall not have the effect of limiting the amount of any success fee that may be charged.””

LORD BACH

LORD BEECHAM

133CA*

Page 30, line 25, after “proceedings” insert “, other than proceedings of a type listed in section 58(6A),”

133F*

Page 30, line 27, at end insert—

“(6A) Proceedings against a public authority in which there is a claim for assault, battery, false imprisonment, malicious prosecution, trespass to goods or land, misfeasance in a public office, judicial review, under the Data Protection Act 1998, under the Equality Act 2010, in negligence where there is a wider public interest in the claim being brought, or for damages in respect of an act or omission by a public authority that involves a breach of Convention rights by the authority.

(6B) A costs order made in proceedings of a type listed in subsection (6A) above may include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.”

136A*

Page 30, line 32, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for judicial review of a decision, or of a failure to decide, by a public body.”

136B*

Page 30, line 32, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings which include a claim for damages for death or for physical or psychological injury resulting from breach of any duty owed by an employer to an employee.”

136C*

Page 30, line 32, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings which include a claim for damages for loss resulting from breach of any duty to exercise professional care or skill.”

136D*

Page 30, line 32, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to clinical negligence proceedings (within the meaning of section 58C).”

After Clause 43

LORD BACH

LORD BEECHAM

136E*

Insert the following new Clause—

“Personal injury damages

The quantum of damages for pain, suffering and loss of amenity in claims personal injury is increased by ten per cent above the levels awarded immediately before this section comes into force.”

After Clause 45

BARONESS KINGSMILL

141ZC*

Insert the following new Clause—

“Qualified one way costs shifting

(1) The Lord Chancellor must make arrangements to ensure that the implementation of section 45 is complemented by a system of qualified one way costs shifting (as recommended at paragraphs 2.6 and 2.7 of the Final Report of the Review of Civil Litigation Costs published in December 2009).

(2) “Qualified one way costs shifting” means that—

(a) claimants are not required to pay defendants’ costs if a claim is unsuccessful, but

(b) defendants are required to pay claimants’ costs if a claim is successful,

(c) the Lord Chancellor may by regulations make provision for the purposes of subsection (1); and the regulations may, in particular, make provision about what courts and tribunals may and may not order in respect of costs.

(3) The arrangements under subsection (1) may include—

(a) regulations under subsection (3),

(b) changes to rules of court, or

(c) any other process that appears to the Lord Chancellor to achieve the required purpose.

(4) In making arrangements under subsection (1) the Lord Chancellor must ensure that the system of qualified one way costs shifting—

(a) does include an exception so that claimants may be required to pay defendants’ costs where the court finds that a claimant’s behaviour in relation to the litigation has been dishonest,

(b) does not include an exception allowing claimants to be required to pay defendants’ costs having regard to claimants’ or defendants’ financial circumstances,

(c) does not include an exception allowing claimants to be required to pay defendants’ costs as a result of failing to be awarded a sum greater than a sum offered by the defendants in accordance with rules of court.

(5) Arrangements under subsection (1) may include any provision which in the Lord Chancellor’s opinion is likely to—

(a) maintain the availability or affordability of costs insurance policies (within the meaning of section 58C of the Courts and Legal Services Act 1990) for cases in which they are still required,

(b) reduce uncertainty for claimants and defendants,

(c) reduce satellite litigation (litigation in relation to the costs of litigation),

(d) mitigate other potential undesirable effects of qualified one way costs shifting.

(6) Arrangements under subsection (1) must apply to—

(a) claims for damages for personal injuries, and

(b) other classes of claim specified in regulations made by the Lord Chancellor.

(7) Section 120(1) to (3) and (6) of the Courts and Legal Services Act 1990 (regulations) shall apply to regulations under this section.

(8) The Lord Chancellor must lay reports before Parliament about the arrangements made under subsection (1); and

(a) the first report must be laid before the end of the period of one year beginning with the date on which section 45 is commenced,

(b) later reports must be laid at intervals of not more than a year, and

(c) if a report includes a statement that in the Lord Chancellor’s opinion an appropriate system of qualified one way costs shifting has been implemented, no further reports need be laid.”

After Clause 46

LORD BEECHAM

142BC*

Insert the following new Clause—

“Qualified one way costs shifting

(1) An unsuccessful claimant in proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(2) The Lord Chancellor may, by regulations, provide that a claimant in proceedings other than proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(3) “Environmental claim” means a claim by which a person seeks any remedy or relief in respect of an act, omission or decision relating to the environment, and for the purpose of this section, an act, omission or decision relates to the environment if information about it would be environmental information within the meaning of Article 2(3) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Justice.”

Clause 54

LORD BACH

LORD BEECHAM

142E*

Page 39, line 24, at end insert—

“( ) A regulated person is not in breach of this section if the body to which the payment is made for the prescribed legal business is a not-for-profit organisation and the payment is in the nature of a service that was provided before 27 July 1999.”

After Clause 57

BARONESS KINGSMILL

149A*

Insert the following new Clause—

“Exceptions for marketing arrangements

(1) The Lord Chancellor may make regulations creating such exceptions to the provisions of sections 54 to 57 as are desirable, in the Lord Chancellor’s opinion, to ensure that marketing arrangements are not prohibited by any of those sections.

(2) In subsection (1) “marketing arrangements” means arrangements which in the Lord Chancellor’s opinion involve the provision of advertising, marketing or communications services to or on behalf of a regulated person.

(3) An exception under the regulations may be subject to specified conditions.”

After Clause 58

BARONESS KINGSMILL

151ZA*

Insert the following new Clause—

“General damages: ten per cent uplift

(1) The Lord Chancellor must take all reasonable steps to ensure that the provisions of this Part about litigation funding and costs are complemented by a ten per cent increase in general damages for personal injuries (as recommended at paragraph 2.4 of the Final Report of the Review of Civil Litigation Costs published in December 2009).

(2) The arrangements may consist of or include the issue of guidance, or the provision of training, by the Judicial Studies Board.

(3) The Lord Chancellor must lay reports before Parliament about the arrangements made under subsection (1); and—

(a) the first report must be laid before the end of the period of one year beginning with the date on which the first provision of this Part is commenced,

(b) later reports must be laid at intervals of not more than a year, and

(c) if a report includes a statement that in the Lord Chancellor’s opinion the 10% uplift has been achieved, no further reports need be laid.”

After Clause 131

LORD SHARKEY

LORD CURRIE OF MARYLEBONE

156C*

Insert the following new Clause—

“Rehabilitation of Offenders: Equality of Treatment

In any case where a statute provides for a person to have a right to apply to the Secretary of State to have a conviction or caution disregarded, the provisions of that statute shall apply in the same way to any relative of any deceased person who would, had they still been alive, have been eligible to apply to have such a conviction or caution disregarded in accordance with the provisions of that statute.”

Prepared 14th March 2012