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

back to previous amendments
 
  
After Schedule 2
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
107     Insert the following new 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.")
 
  
Clause 8
 
  
BY THE LORD ARCHER OF SANDWELL
 
108     Page 5, line 15, at beginning insert (Subject to subsection (4),") 
  
BY THE LORD KINGSLAND
 
109     Page 5, line 15, leave out (only") 
110     Page 5, line 17, at end insert (and may also fund services for others as appropriate") 
  
BY THE LORD SIMON OF GLAISDALE
 
111*     Page 5, line 21, leave out subsection (3) 
  
BY THE LORD ARCHER OF SANDWELL
 
112     Page 5, line 22, at end insert--
 
    ((4)  Nothing in the regulations shall preclude the provision of an initial free interview of a diagnostic nature lasting no longer than one hour.")
 
  
Clause 9
 
  
BY THE LORD KINGSLAND
 
113     Page 5, line 23, after (code") insert (following consultation with interested parties as appropriate") 
  
BY THE LORD SIMON OF GLAISDALE
 
114*     Page 5, line 27, leave out subsection (2) 
  
BY THE LORD KINGSLAND
 
115     Page 5, leave out lines 31 to 34 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
116     Page 5, leave out line 42 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
117     Page 6, line 1, after (may") insert (by order") 
118     Page 6, line 2, leave out (by directions given by him under section 4") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
119     Page 6, line 5, at end insert (, provided that assistance for representation shall not be refused on the grounds that mediation is more appropriate unless the circumstances are such that a privately paying individual would be likely to opt for mediation.") 
  
BY THE LORD SIMON OF GLAISDALE
 
120*     Page 6, line 6, leave out subsection (4) 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
121     Page 6, line 8, after (circumstances") insert (and subject to sections 7(8) and (Advice and assistance in cases funded by Community Legal Service))") 
  
BY THE LORD KINGSLAND
 
122     Page 6, line 16, at end insert (and procedures for informing the individual applying for funding about the decision, the reasons for that decision, and where funding has been refused what help should be given to that individual to find alternative ways of resolving the dispute.") 
  
BY THE LORD SIMON OF GLAISDALE
 
123*     Page 6, line 17, leave out subsection (6) 
  
BY THE LORD KINGSLAND
 
124     Page 6, line 19, after first (code") insert (following consultation with interested parties as appropriate") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
125     Page 6, line 21, after (by") insert (order made by") 
  
BY THE LORD SIMON OF GLAISDALE
 
126*     Page 6, line 21, leave out (the Lord Chancellor") and insert (each House of Parliament") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
127     Page 6, line 22, at end insert (by order") 
  
BY THE LORD KINGSLAND
 
128*     Page 6, line 22, at end insert (and contained in a statutory instrument laid in draft before, and subject to approval by resolution of, each House of Parliament") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
129     Page 6, line 23, leave out subsection (9) 
  
Clause 10
 
  
BY THE LORD ARCHER OF SANDWELL
 
130     Page 6, line 33, after (individual") insert (, other than a person who is in receipt of any means-tested benefit,") 
  
BY THE LORD SIMON OF GLAISDALE
 
131*     Page 6, line 36, leave out (, or conduct is,") 
  
BY THE LORD KINGSLAND
 
132*     Page 6, line 39, leave out from (determined") to end of line 43 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
133     Page 7, line 1, at end insert--
 
    ((  )  The regulations shall not require any payment from a person whose capital resources are such that they would be eligible for income support.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
134*     Page 7, line 16, leave out from (information") to end of line 18 
135*     Page 7, line 19, leave out (Except so far as regulations otherwise provide,") 
136*     Page 7, line 23, leave out from (11)") to end of line 25 
137*     Page 7, leave out lines 32 and 33 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
138     Page 7, line 40, at end insert--
 
    ((  ) The regulations shall provide that in any proceedings where a costs order is made in favour of any individual who has agreed to make a payment under subsection (2)(c), the costs payable to him shall include costs in respect of any payment he has agreed to make.")
 
  
Clause 11
 
  
BY THE LORD CHANCELLOR
 
139     Page 7, line 41, at beginning insert (Where services relating to a dispute have been funded by the Commission for an individual as part of the Community Legal Service, his liability under an order for costs made against him in proceedings relating to the dispute shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances including--
    (a)  the financial resources of all the parties to the proceedings, and
    (b)  their conduct in connection with the dispute;
and, in assessing the financial resources of an individual for whom such services have been so funded, his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.
 
    (1A)  Subject to that,")
 
140     Page 7, line 45, leave out (limiting the amount of") and insert (specifying the principles to be applied in determining the amount of any") 
  
BY THE LORD SIMON OF GLAISDALE
 
141*     Page 8, line 15, at end insert (, and
    (h)  providing for the payment of the costs of any other party.")
 
  
BY THE LORD MACKAY OF CLASHFERN
 
     The Lord Mackay of Clashfern gives notice of his intention to oppose the Question that Clause 11 stand part of the Bill. 
  
After Clause 11
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
142     Insert the following new Clause-- 
 (The Public Interest Litigation Fund 
     .--(1)  The Commission shall establish and maintain a fund known as the Public Interest Litigation Fund.
 
    (2)  The Lord Chancellor--
    (a)  shall pay to the Commission the sums which he determines as appropriate for the funding of services by the Commission out of the Public Interest Litigation Fund, and
    (b)  may determine the manner in which and times at which the sums are to be paid to the Commission and may impose conditions on the payment of the sums.
    (3)  The purpose of the Public Interest Litigation Fund shall be to finance the provision of services of any of the kinds specified in section 5(1) to a person who is or may become a party to legal proceedings if the conditions in subsection (4) are satisfied and the Commission thinks it appropriate to finance the provision of those services.
 
    (4)  The conditions referred to in subsection (3) are--
    (a)  that the proceedings give rise to an issue of substantial public importance,
    (b)  that the person seeking the services is not entitled to have those services funded out of the Community Legal Service Fund or as part of the Criminal Defence Service, and
    (c)  that neither the person seeking the services nor any other person having a similar interest in the proceedings can reasonably be expected to pay for such services out of his own financial resources or resources which may be made available for that purpose from another source.
    (5)  Regulations may be made for the implementation of this section.
 
    (6)  In this section proceedings" include prospective proceedings and any step in proceedings.")
Public Interest Litigation Fund.
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
143     Insert the following new Clause-- 
 (Conditional Legal Aid Fund 
     .--(1)  The Commission shall establish and maintain a fund known as the Conditional Legal Aid Fund.
 
    (2)  The purpose of the Fund shall be to provide help in the conduct of legal proceedings by entering into conditional legal aid agreements.
 
    (3)  For the purposes of this section a conditional legal aid agreement is an agreement between the Commission and a person providing advocacy or litigation services and his client which provides--
    (a)  for the costs of the client of the proceedings and any costs ordered to be paid by him to any other party to the proceedings to be paid out of the Fund;
    (b)  for any costs of the proceedings recoverable by the client from any other party to the proceedings or from any other source to be paid to the Fund; and
    (c)  for a further sum to be payable by the client to the Fund in specified circumstances.
    (4)  A conditional legal aid agreement shall be enforceable.
 
    (5)  For the purposes of the making of any order for payment of costs in the proceedings, the fact that any costs are being paid out of the Fund shall be disregarded.
 
    (6)  Regulations may provide for--
    (a)  the categories of person with whom (as client) the Commission is authorised to enter into a conditional legal aid agreement;
    (b)  the categories of proceedings in relation to which the Commission is authorised to enter into a conditional legal aid agreement;
    (c)  the computation of any money payable under subsection (3)(c);
    (d)  the administration of the Fund; and
    (e)  such other matters as may be appropriate to ensure the effective functioning of the Fund.
    (7)  The Lord Chancellor shall pay to the Commission such sums by way of loan or grant as he determines to be appropriate for establishing the Fund and may guarantee payment of any liabilities of the Fund.
 
    (8)  Regulations under subsection (6) may provide that, with a view to ascertaining the demand for conditional legal aid agreements, they shall be entered into for a trial period only with persons resident in a specified part of England and Wales.
 
    (9)  The Lord Chancellor may by order repeal this section and provide for the winding up of the Fund if, having regard to experience in the conduct of the Fund, he is satisfied that--
    (a)  there is insufficient demand for conditional legal aid agreements to justify the continuation of the Fund; or
    (b)  the Fund is not, and is unlikely to become, financially self-supporting.
    (10)  Any power under this section to make an order or regulation is exercisable by statutory instrument, and no order shall be made under subsection (9) unless a draft order has been laid before, and approved by resolution of, each House of Parliament.")
Conditional Legal Aid Fund.
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
144     Insert the following new Clause-- 
     (.  A person or body providing an individual with services funded as part of the Community Legal Service shall consider whether, in that individual's case, the interests of justice require any part of those services to be provided by way of specialist advice and assistance offered on a referral basis or specialist advocacy; and if so, shall make appropriate arrangements.")Advice and assistance in cases funded by Community Legal Service.
  
Clause 12
 
  
BY THE LORD KINGSLAND
 
145*     Page 8, line 17, after (shall") insert (, after consultation with the Law Society, the General Council of the Bar and such other providers of existing legal services as its proposals may affect,") 
  
BY THE LORD ACKNER
 
146     Page 8, line 19, leave out (involved") and insert (suspected or accused") 
147     Page 8, line 21, leave out subsection (2) 
148     Page 8, line 36, leave out from (court") to end of line 37 
149     Page 8, line 43, at end insert--
 
    ((  )  The Commission shall keep under review, or secure that others keep under review, the quality of service provided by all persons or bodies accredited under subsection (5); and the Commission shall withdraw accreditation, or secure that others withdraw accreditation, from any person or body who fails to provide a satisfactory quality of service.")
 
 
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Prepared 19 January 1999