Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 17
 
  
BY THE LORD ACKNER
 
     Page 11, line 22, at end insert ("but shall always treat the interests of justice as paramount") 
  
Clause 18
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 11, line 31, leave out ("directions given by him under section 4") and insert ("order") 
     Page 11, line 34, leave out ("directions") and insert ("order") 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill. 
  
After Clause 18
 
  
BY THE LORD ACKNER
 
     Insert the following new Clause-- 
     ("  .  In exercising his powers (including the power to make regulations) under sections 12 to 21 the Lord Chancellor shall treat the interests of justice as paramount.")Interests of justice to be paramount.
  
Clause 19
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 11, line 36, at end insert ("for the purposes of this Act") 
  
BY THE LORD ACKNER
 
     Page 12, leave out lines 7 to 9 
  
Clause 23
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 14, line 7, after ("2,") insert ("7(8) or 9(8),") 
  
BY THE LORD CHANCELLOR
 
     Page 14, line 8, leave out ("11(2)(a), (b)") and insert ("11(2)(b)") 
     Page 14, line 8, leave out ("4") and insert ("4(1)") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 14, line 8, after ("4") insert (", 5 or 6") 
  
Clause 27
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Page 15, line 30, leave out from ("agreement") to end of line 32 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 15, line 32, at end insert--
 
    ("(  )  A conditional fee agreement of the type described in subsection (2)(a) shall not be unenforceable simply by reason of its being made prior to the coming into force of this Act.")
 
     Page 16, line 1, after ("proceedings") insert (", save those brought under section 82 of the Environmental Protection Act 1990") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Page 16, line 38, leave out ("party") and insert ("claimant") 
     Page 16, line 39, leave out ("may") and insert ("shall") 
     Page 16, line 39, leave out (", subject to rules of court,") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 16, line 39, after ("subject") insert ("to subsections (6A) and (6B) and") 
     Page 16, line 42, at end insert--
 
    ("(6A)  An order may be made under subsection (6) only if the court thinks it just in all the circumstances to do so.
 
    (6B)  In deciding whether it is just to make an order under subsection (6) the court may consider--
    (a)  any hardship which would be caused to the successful party if the order is not made;
    (b)  whether it would have been reasonably possible for the successful party to contest the proceedings without entering into a conditional fee agreement;
    (c)  the extent (if any) to which the costs of the successful party have been increased by the unreasonable behaviour of the party against whom the costs order has been made in the conduct of the proceedings; and
    (d)  such other matters as the court thinks fit.
    (6C)  In this section, "the successful party" means a party in whose favour a costs order is made.")
 
  
Clause 28
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Page 17, line 4, leave out ("party") and insert ("claimant") 
     Page 17, line 6, leave out ("may") and insert ("shall") 
     Page 17, line 6, leave out (", subject to rules of court,") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 17, line 6, after ("subject") insert ("to subsections (2) to (4) and") 
     Page 17, line 7, at end insert--
 
    ("(2)  An order may be made under this section only if the court thinks it just in all the circumstances to do so.
 
    (3)  An order made under this section shall be for an amount not exceeding whichever is the smaller of--
    (a)  the amount of the premium attributable to the risk of incurring a liability in the proceedings, and
    (b)  the percentage of the taxed costs of the successful party which would have been specified by order under section 58(4) of the Courts and Legal Services Act 1990 if he had entered into a conditional fee agreement providing for an enhanced fee.
    (4)  In deciding whether it is just to make an order under this section, the court may consider--
    (a)  any hardship which would be caused to the successful party if the order is not made;
    (b)  whether it would have been reasonably possible for the successful party to contest the proceedings without taking out such an insurance policy; and
    (c)  such other matters as the court thinks fit.
    (5)  In this section "the successful party" means a party in whose favour a court order is made.")
 
  
After Clause 28
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Insert the following new Clause-- 
     ("  .  Rules of court shall provide that when assessing costs payable by another party no account shall be taken by the court of any funding agreement between the receiving party and their legal representative.")Rules for assessing costs.
  
Clause 29
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     Page 17, line 9, leave out subsection (1) 
  
Clause 30
 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill. 
  
Clause 31
 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill. 
  
Clause 32
 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill. 
  
Clause 33
 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill. 
  
After Clause 34
 
  
BY THE LORD GOODHART
 
     Insert the following new Clause-- 
       .  For section 4(1) to (3E) of the Prosecution of Offences Act 1985 substitute--
 
    (1)  The Director and the Chief Crown Prosecutor shall ensure that rights of audience of Crown Prosecutors are exercisable with regard to the principle that a substantial proportion of advocacy on behalf of the Crown Prosecution Service in the Crown Court shall be conducted by advocates in independent practice.".")
Crown Prosecutors.
  
Clause 38
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 21, line 22, at end insert ("or against an order of committal for contempt of court") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 21, line 31, at end insert--
 
    ("(  )  Rules made in pursuance of subsection (3)(b) may not provide that permission may be given only by the court which made the decision or order from which permission to appeal is sought.")
 
  
Clause 39
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. 
  
Clause 68
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 43, line 37, leave out from ("shall") to end of line 40 and insert ("not be made unless they have been laid in draft before, and approved by resolution of, each House of Parliament") 
  
Clause 72
 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
     Page 45, line 11, leave out from ("shall") to ("House") in line 12 and insert ("not be made unless it has been laid in draft before, and approved by resolution of, each") 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 15 January 1999