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

back to previous amendments
 
  
After Clause 18
 
  
BY THE LORD ACKNER
 
197     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
THE LORD KINGSLAND
 
198     Page 11, line 36, at end insert ("for the purposes of this Act") 
  
BY THE LORD ACKNER
 
199     Page 12, leave out lines 7 to 9 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
200     Page 12, line 7, leave out ("except where regulations otherwise") and insert ("where regulations so") 
  
Clause 23
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
201     Page 14, line 7, after ("2,") insert ("7(8) or 9(8),") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
202     Page 14, line 7, after ("2") insert ("or 9(8)") 
  
BY THE LORD ARCHER OF SANDWELL
 
203     Page 14, line 7, after ("2") insert ("or paragraph 6 of Schedule 3") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
204     Page 14, line 8, after ("section") insert ("4,") 
  
BY THE LORD CHANCELLOR
 
205     Page 14, line 8, leave out ("11(2)(a), (b)") and insert ("11(2)(b)") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
206     Page 14, line 8, leave out ("or 14(6)(a)") and insert (", 14(6)(a) or 19(2)(d)") 
  
BY THE LORD CHANCELLOR
 
207     Page 14, line 8, leave out ("4") and insert ("4(1)") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
208     Page 14, line 8, after ("4") insert (", 5 or 6") 
  
Clause 27
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
209*     Page 15, line 15, after ("client") insert ("(including the professional client of a person providing services on a referral basis)") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
210     Page 15, line 30, leave out from ("agreement") to end of line 32 
  
BY THE LORD KINGSLAND
 
211*     Page 15, line 32, at end insert ("; and
    (d)  it may only be entered into by a person or body supplying advocacy or litigation services who is solvent throughout the currency of the agreement")
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
212     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.")
 
  
BY THE LORD KINGSLAND
 
213     Page 15, line 37, at end insert--
    ("(  ) it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor;")
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
214     Page 16, line 1, after ("proceedings") insert (", save those brought under section 82 of the Environmental Protection Act 1990") 
  
BY THE LORD MESTON
THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
215     Page 16, line 2, leave out from ("proceedings") to end of line 4 
  
BY THE LORD KINGSLAND
 
216     Page 16, line 29, at end insert ("and such proceedings shall be specified proceedings notwithstanding that they are concluded without the commencement of court proceedings") 
217     Page 16, line 35, leave out ("other authorised bodies (if any)") and insert ("bodies") 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
218     Page 16, line 38, leave out ("party") and insert ("claimant") 
219     Page 16, line 39, leave out ("may") and insert ("shall") 
220     Page 16, line 39, leave out (", subject to rules of court,") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
221     Page 16, line 39, after ("subject") insert ("to subsections (6A) and (6B) and") 
222     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.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
     The Lord Simon of Glaisdale gives notice of his intention to oppose the Question that Clause 27 stand part of the Bill. 
  
Clause 28
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
223     Page 17, line 4, leave out ("party") and insert ("claimant") 
224     Page 17, line 6, leave out ("may") and insert ("shall") 
225     Page 17, line 6, leave out (", subject to rules of court,") 
  
BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
 
226     Page 17, line 6, after ("subject") insert ("to subsections (2) to (4) and") 
227     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.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
228*     Page 17, line 7, at end insert--
 
    ("&#M10;&#M10;(  ) Rules of court may provide for a person providing legal services in connection with any proceedings under a conditional fee agreement (as defined in section 58(2) of the Courts and Legal Services Act 1990) to recover by way of costs, in the manner specified in the rules, the expense of insuring against such risks associated with the operation of conditional fee agreements as are specified in the rules.")
 
  
After Clause 28
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
229     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.
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
230     Insert the following new Clause-- 
     (".  A party to proceedings shall not, from a day to be appointed and subject to rules of court, be prevented from recovering from another party an amount in respect of costs by any rule of law which limits the costs recoverable by a party to proceedings to the amount which he is likely to pay his legal representative.")Recovery of costs: removal of limitation.
  
Clause 29
 
  
BY THE LORD CLINTON-DAVIS
THE LORD KINGSLAND
 
231     Page 17, line 9, leave out subsection (1) 
  
BY THE BARONESS WILCOX
 
232     Page 17, line 15, at end insert-- 
  
    ("(  )  In appointing such persons to the panel, the Lord Chancellor shall have regard to the desirability of appointing persons who have experience in, or knowledge of--
 
  
    (a)  the provision of legal services;
 
  
    (b)  the provision of advice services;
 
  
    (c)  civil or criminal proceedings and the working of the courts;
 
  
    (d)  the maintenance of professional standards among barristers or solicitors;
 
  
    (e)  social conditions;
 
  
    (f)  consumer affairs;
 
  
    (g)  commercial affairs; or
 
  
    (h)  the maintenance of professional standards in professions other than the legal profession.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
233     Page 17, line 15, at end insert--
        ("(1A)  The persons appointed shall include at least--
      (a)  one Lord of Appeal in Ordinary or judge of the Supreme Court of England and Wales;
      (b)  one person who is or has been a circuit judge;
      (c)  one practising solicitor, appointed after consultation with the Law Society;
      (d)  one practising barrister, appointed after consultation with the General Council of the Bar; and
      (e)  one person with experience in the teaching of law, appointed after consultation with such institutions concerned with the teaching of law and such persons representing teachers of law as the Lord Chancellor considers appropriate.
        (1B)  Subject to subsection (1A), in appointing persons to be members of the Consultative Panel, the Lord Chancellor shall have regard to the desirability of securing that the Panel includes persons with experience or knowledge of--
      (a)  the provision of legal services;
      (b)  the work of the courts;
      (c)  the maintenance of professional standards in the legal and other professions;
      (d)  consumer affairs; and
      (e)  management.")
 
  
BY THE LORD KINGSLAND
 
234     Page 17, line 24, at end insert ("and publishing those recommendations,") 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
235     Page 17, line 44, at end insert--
 
    ("(  )  The panel shall consist of--
    (a) not fewer than nine members, and
    (b) not more than twelve members,
two of whom shall be solicitors appointed after consultation with the Law Society and two of whom shall be barristers appointed after consultation with the General Council of the Bar.")
 
  
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 THOMAS OF GRESFORD
 
236     Page 19, line 3, at beginning insert ("Subject to subsection (3),") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
 
237     Page 19, line 7, at end insert ("as regards his acting as an advocate on behalf of--
    (a)  his employer, or
    (b)  where his employer's only or main activity is providing legal services to the public, a client of his employer")
 
  
BY THE LORD THOMAS OF GRESFORD
 
238     Page 19, leave out lines 17 to 22 and insert--
 
    ("(3) Nothing in this section shall affect the rights of audience of a person employed as an advocate if he is a Crown Prosecutor or is in Crown employment in any other capacity which involves his appearing before courts.")
 
  
BY THE LORD KINGSLAND
 
239*     Page 19, line 19, leave out from first ("is") to ("or") in line 21 and insert ("in Crown employment in any capacity which involves his appearing before the courts except in the capacity of an employee of the Crown Prosecution Service before the High Court or the Crown Court;") 
240*     Page 19, line 26, at end insert--
        ("&#M10;&#M10;(5) A person employed as an advocate in accordance with subsection (3) shall only be permitted to prosecute a case being tried on indictment which--
      (a)  falls within class 4 of the classification of the Business of the Crown Court and Allocation to Crown Court Centres Directions; and
      (b)  has been released by the Presiding Judge of a Circuit in accordance with those directions for trial by a Circuit Judge, Recorder or Assistant Recorder."")
 
  
BY THE LORD ACKNER
THE LORD HUTCHINSON OF LULLINGTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill. 
 
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Prepared 19 January 1999