Amendments proposed to the Access to Justice Bill [Lords] - continued House of Commons

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Litigation services (No. 2)

   

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC25

To move the following Clause:—

    'In regulation 6(1) of the Insurance Companies (Legal Expense Insurance) Regulations 1990 leave out "Defend, represent or serve the interests of the insured in any inquiry or proceedings" and insert "provide litigation services as defined in section 119 of the Courts and Legal Services Act 1990 as amended".'.


Accident and Disaster Investigation Bureau

   

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC26

To move the following Clause:—

    '.—The Lord Chancellor may by order establish, maintain and develop a bureau to be known as the Accident and Disaster Investigation Bureau for the purposes of carrying out urgent inquiries into disasters and accidents causing injury and loss of life to members of the public and monitoring the implementation of measures to improve public safety. The order will define the functions of the bureau which will include the power—

      (a) to hold a public inquiry into any disaster or fatal accident to be chaired by a High Court judge or senior lawyer to be chosen from a specialist list to be maintained by the Bureau;

      (b) to grant legal aid for the representation of any person or body appearing before an inquiry held by the Bureau;

      (c) to make recommendations as to the prosecution of any person or body;

      (d) to grant immunity from prosecution for any witness to an inquiry held by the Bureau;

      (e) to deal with the formal requirements of an inquest so as to dispense with the need for holding any separate inquest into any death following a public inquiry into a disaster or fatal accident;

      (f) to award damages including punitive or exemplary damages against any person or body;

      (g) to make findings of fact which will be binding on any subsequent hearing as to damages in any civil suit arising from a disaster or fatal accident; and

      (h) to maintain a secretariat to monitor the implementation of any requirements imposed by the bureau for the improvement of public safety following an inquiry into a disaster or fatal accident.'.


Solicitors Act 1974

   

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC27

To move the following Clause:—

    'In section 22(1) of the Solicitors Act 1974 after "proceeding", in sub-paragraph (b) insert—

      "(c) sends a letter before claim in a contemplated personal injury action to another person.".'.


Solicitors Act 1974 (No. 2)

   

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NC28

To move the following Clause:—

    'In section 22(1) of the Solicitors Act 1974 after "proceeding", in sub-paragraph (b) insert—

      "( ) prepared or submits an application to an employment tribunal".'.


NEW SCHEDULE

   

Mr Edward Garnier
Mr Dominic Grieve
Mr John M. Taylor
Mr Tony Baldry
Mr Laurence Robertson
Mr Nick Hawkins

NS1

To move the following Schedule:—

'SCHEDULE

Community Legal Service

    The Community Legal Service shall fund the following categories of case involving personal injuries—

      (a) cases for vulnerable clients (children and patients);

      (b) cases where overall costs are likely to exceed £25,000;

      (c) cases where the costs of investigation are likely to exceed £3,000;

      (d) cases involving novel points of law;

      (e) test cases;

      (f) cases involving the wider public interest;

      (g) multi-party actions;

      (h) pharmaceutical claims;

      (i) industrial disease cases;

      (j) product liability cases;

      (k) environmental cases;

      (l) claims to the CICA or MIB (untraced drivers) or other similar bodies;

      (m) cases involving two or more experts on liability or causation;

      (n) complex cases where the damages are very substantial; and

      (o) cases where adequate insurance is not available after the event to the client at an affordable price.'.


   

Mr Geoffrey Hoon

184

Title,     line     7,     after 'about', insert 'proceedings in cases sent to the Crown Court and other'.


 
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