Courts Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 81

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

123Page 37, line 16, leave out "by a judge of the High Court"
 

Clause 83

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

124Page 38, line 42, leave out "by the defendant,"
125Page 38, line 42, leave out "14" and insert "28"
126Page 39, leave out lines 1 and 2
127Page 39, line 9, leave out "by the defendant,"
128Page 39, line 9, leave out "14" and insert "28"
129Page 39, leave out lines 12 and 13
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

130Page 39, line 14, at end insert "or prosecutor"
 

Clause 86

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

131Page 41, line 16, at end insert "or the Defence Council"
 

Clause 87

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

132Page 41, line 26, at end insert—
"(   )  In prescribing fees payable under subsection (1), the Lord Chancellor shall have regard to the need to facilitate access to justice."
132APage 41, line 30, at end insert—
  "but should only seek to recover the recurrent running costs of the courts"
132BPage 42, line 10, at end insert—
"(   )  The Lord Chancellor may not under this section seek to recover—
(a)  judicial salaries;
(b)  costs of accommodation."
 

Clause 88

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

133Page 42, line 17, after "of" insert "all or any part of the"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

134Page 42, line 21, leave out "serious"
135Page 42, line 21, after "serious" insert "and wilful"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

136Page 42, line 24, at end insert—
"(   )  Regulations made under this section must provide that a third party costs order shall not be made unless the court considering making the order has—
(a)  notified the third party that it is considering making a third party costs order against him, and
(b)  if the third party so requests, hold a hearing to determine whether the third party has been guilty of serious misconduct and whether it is appropriate to make an order against him."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

137Page 42, line 24, at end insert—
"(   )  Serious misconduct shall be an intentional or reckless act that materially contributes to the delay or abandonment of a trial which thereby causes costs to be incurred."
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

137APage 42, line 24, at end insert—
"(   )  In deciding whether there has been serious misconduct, the court must have particular regard to the importance of the Convention right (as defined in the Human Rights Act 1998 (c. 42)) of freedom of expression."
 

THE LORD THOMAS OF GRESFORD
THE LORD GOODHART

138Page 42, line 28, at end insert—
"(   )  make provision for ordering third party costs against the prison service or any security firm for failure to deliver prisoners to the court in time, or at all;"
 

Clause 92

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

138APage 44, line 24, leave out "pecuniary"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

139Page 44, line 28, at end insert—
"(   )  Periodical payments shall be increased or decreased in accordance with the Retail Price Index."
139ZAPage 44, line 28, at end insert—
"(   )  In considering whether to order periodical payments under subsection (1), the court shall take into account the views of the claimant."
 

THE BARONESS FINLAY OF LLANDAFF
THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

139APage 45, leave out lines 4 and 5
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

139BPage 45, line 5, leave out "(a) or"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

140Page 45, line 10, after "arrangement" insert "shall not vest in his trustee in the event of his bankruptcy and"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140ZAPage 45, line 18, leave out "whether or not" and insert "if"
140ZBPage 45, line 22, at end insert "or"
140ZCPage 46, line 3, leave out from beginning to end of line 42 on page 47
 

THE BARONESS FINLAY OF LLANDAFF

140APage 46, line 6, leave out "(otherwise than in accordance with section 2(5)(c))"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140BPage 46, line 6, at end insert "where there is admitted or proved a significant likelihood of serious deterioration or development of a serious further complication consequent upon the act or omission giving rise to the cause of action"
140CPage 46, line 6, at end insert "provided that the original court order for periodical payments expressly permits a party to apply to a court for variation in those circumstances"
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS FINLAY OF LLANDAFF

141Page 46, line 6, at end insert—
"(   )  No order under subsection (1) may permit an order made by a court to be varied more than—
(a)  5 years from the date when the order was made by the court, or
(b)  10 years from the date of the inquiry,
  whichever is the later."
141ZAPage 46, line 6, at end insert—
"(   )  But no order may be made under subsection (1) authorising the increase of periodical payments previously ordered under section 2(1) unless in the proceedings in which the payments were originally ordered—
(a)  it was proved or admitted that at some definite or indefinite time in the future the injured person would, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his or her physical or mental condition; and
(b)  the court assessed the periodical payments on the assumption that the injured person would not develop the disease or suffer the deterioration in his condition."
141APage 46, leave out lines 17 and 18
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141AAPage 46, leave out lines 23 to 26
141ABPage 46, leave out lines 27 and 28
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS FINLAY OF LLANDAFF

141BPage 46, line 28, leave out "or amend"
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141CPage 46, line 34, leave out "may" and insert "shall"
141DPage 46, line 34, leave out "such persons as he thinks appropriate" and insert "as widely as is reasonable in the circumstances"
141EPage 46, line 38, at end insert—
  "but in any event shall only apply to claims arising after the coming into force of this section."
 

Clause 94

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

142Page 49, line 37, at end insert "and have regard to his recommendations made as a consequence of that consultation"
 

Clause 97

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

143Page 51, line 38, at end insert "or under section 88 (award of costs against third parties)"
144Page 52, line 1, after "made" insert "under section 31(4) which contains provision of the type specified in section 31(5) or"
145Page 52, line 6, leave out paragraph (a)
 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

146Page 52, line 9, leave out paragraph (c)
 

Clause 98

 

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

147Page 52, line 31, at end insert—
"(   )  An order under subsection (3) shall not be made until a draft has been laid before both Houses of Parliament and approved by a resolution of each House."
148Page 52, line 31, at end insert—
"(   )  This section shall cease to have effect at the end of three years beginning with the date on which it comes into force."
 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

148APage 52, line 39, at end insert—
"(   )  Under section 92, the inserted section 2B of the Damages Act 1996 (c. 48) (variation of orders and settlements) shall not come into effect until the Lord Chancellor is satisfied that secure funding for such future variation to structured settlements is available to defendants."
 

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 98 stand part of the Bill.
 

Schedule 6

 

THE LORD DONALDSON OF LYMINGTON

149Page 104, line 19, at end insert—
 

"Judicial Pensions and Retirement Act 1993 (c. 8)

      In section 26 (7) (retirement date for holders of certain judicial offices etc.)—
(a)  at the end of paragraph (a), insert the words "or a person who has been a Lord of Appeal in Ordinary or a judge of the Court of Appeal";
(b)  at the end of paragraph (b), insert the words "or a person who has been a Lord of Appeal in Ordinary or a judge of the Court of Appeal"; and
(c)  at the end of paragraph (c), insert the words "unless he is a person who has been a judge of the Court of Appeal"."
 

Schedule 7

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

150Page 107, line 34, at end insert—
  "Law Reform (Personal Injuries) Act 1948 (c. 41)Section 2(4)."

 
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©Parliamentary copyright 2003
11 February 2003