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Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Revised Marshalled List]


 

Clause 88

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 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."
 

Clause 92

 

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

Page 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."
Page 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."

 
 
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29 January 2003