Coroners and Justice Bill — Report (4th Day) — 29 Oct 2009 at 13:07

Amendment 96

Moved by Lord Bach

96: After Clause 143, insert the following new Clause-

"Damages-based agreements

(1) The Courts and Legal Services Act 1990 (c. 41) is amended as follows.

(2) After section 58A insert-

"58AA Damages-based agreements

(1) A damages-based agreement which satisfies the conditions in subsection (3) is not unenforceable by reason only of its being a damages-based agreement; but any other damages-based agreement is unenforceable.

(2) For the purposes of this section, a "damages-based agreement" is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that-

(a) the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and

(b) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained.

(3) The agreement-

(a) must relate to proceedings or a claim of a prescribed description;

(b) must not relate to proceedings in a relevant court;

(c) must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;

(d) must comply with such other requirements as to its terms and conditions as are prescribed;

(e) must be made only after the person providing services under the agreement has provided prescribed information; and

(f) must be in writing.

(4) A description of proceedings prescribed under subsection (3)(a) must not include proceedings that are-

(a) criminal proceedings; or

(b) family proceedings (within the meaning given by section 58A(2)).

(5) For the purposes of subsection (3)(b) an agreement is not to be treated as relating to proceedings in a relevant court if the services to be provided under the agreement are services that are to be provided only in contemplation of such proceedings before they are commenced.

(6) Regulations under subsection (3) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of damages-based agreements.

(7) Before making regulations under subsection (3) the Lord Chancellor must consult-

(a) the designated judges,

(b) the General Council of the Bar,

(c) the Law Society, and

(d) such other bodies as the Lord Chancellor considers appropriate.

(8) In this section-

"claim" and "claims management services" have the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act);

"payment" includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (3)(d) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);

"proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated;

"relevant court" means-

(a) a magistrates' court;

(b) a county court;

(c) the High Court;

(d) the Court of Appeal;

(e) the Supreme Court.

(9) In this section references to "advocacy services" or "litigation services" include a reference to services that it would be reasonable to expect a person who is acting (or contemplating acting) for another in relation to proceedings that do not take place in a court, to provide.

(10) Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (3)."

(3) In section 120(4) (regulations and orders) after "58(4)," insert "58AA"."

Debate in Parliament | Source |

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Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

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NamePartyVote
The Bishop of Ripon and LeedsBishopno
Viscount Astor Conaye
Lord Newton of BraintreeConaye
Lord Norton of LouthConaye
Lord Denham Conno
Lord Borrie Labaye
Lord Evans of Temple GuitingLabaye
Baroness Adams of CraigieleaLabno
Lord Ahmed Labno
Lord Anderson of SwanseaLabno
Lord Archer of SandwellLabno
Lord Bach Lab (minister)no
Lord Bernstein of CraigweilLabno
Lord Bhattacharyya Labno
Lord Bilston Labno
Lord Boyd of DuncansbyLabno
Lord Brett Lab (minister)no
Lord Brooke of AlverthorpeLabno
Lord Brookman Labno
Lord Campbell-Savours Labno
Lord Clinton-Davis Labno
Baroness Cohen of PimlicoLabno
Lord Corbett of Castle ValeLabno
Lord Davies of OldhamLab (minister)tellno
Baroness Dean of Thornton-le-FyldeLabno
Lord Desai Labno
Lord Donoughue Labno
Lord Dubs Labno
Baroness Farrington of RibbletonLab (minister)no
Lord Faulkner of WorcesterLab (minister)no
Lord Filkin Labno
Baroness Ford Labno
Baroness Gale Labno
Lord Gavron Labno
Lord Giddens Labno
Lord Graham of EdmontonLabno
Lord Grocott Labno
Lord Haskel Labno
Lord Haworth Labno
Baroness Hilton of EggardonLabno
Lord Hoyle Labno
Lord Hughes of WoodsideLabno
Baroness Jay of PaddingtonLabno
Lord Judd Labno
Lord King of West BromwichLabno
Lord Kinnock Labno
Baroness Kinnock of HolyheadLab (minister)no
Lord Lea of CrondallLabno
Lord Lipsey Labno
Lord MacKenzie of CulkeinLabno
Lord Mackenzie of FramwellgateLabno
Lord Maxton Labno
Baroness McDonagh Labno
Lord McKenzie of LutonLab (minister)no
Lord Mitchell Labno
Baroness Morgan of DrefelinLab (minister)no
Lord Morris of AberavonLabno
Lord Morris of ManchesterLabno
Lord O'Neill of ClackmannanLabno
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Lord Richard Labno
Lord Rooker Labno
Lord Rowlands Labno
Baroness Royall of BlaisdonLab (minister)no
Lord Sawyer Labno
Viscount Simon Labno
Lord Strabolgi Labno
Baroness Symons of Vernham DeanLabno
Baroness Taylor of BoltonLab (minister)no
Lord Temple-Morris Labno
Baroness Thornton Lab (minister)no
Lord Tunnicliffe Lab (minister)tellno
Baroness Turner of CamdenLabno
Baroness Warwick of UndercliffeLabno
Baroness Wilkins Labno
Lord Addington LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Lord Bradshaw LDem (front bench)aye
Lord Burnett LDem (front bench)aye
Lord Chidgey LDemaye
Lord Clement-Jones LDem (front bench)aye
Lord Cotter LDem (front bench)aye
Lord Dholakia LDem (front bench)aye
Viscount Falkland LDemaye
Baroness Falkner of MargravineLDemaye
Baroness Garden of FrognalLDem (front bench)aye
Lord Goodhart LDemaye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Lord Lee of TraffordLDem (front bench)tellaye
Lord Lester of Herne HillLDem (front bench)aye
Lord Mackie of BenshieLDemaye
Lord McNally LDem (front bench)aye
Lord Methuen LDemaye
Baroness Miller of Chilthorne DomerLDem (front bench)aye
Baroness Neuberger LDemaye
Baroness Northover LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDem (front bench)tellaye
Baroness Scott of Needham MarketLDemaye
Baroness Sharp of GuildfordLDem (front bench)aye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Smith of CliftonLDem (front bench)aye
Lord Steel of AikwoodLDemaye
Lord Teverson LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WalliswoodLDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Lord Tyler LDem (front bench)aye
Lord Wallace of SaltaireLDem (front bench)aye
Baroness Walmsley LDem (front bench)aye
Lord Best Crossbenchaye
Lord Chorley Crossbenchaye
Baroness D'Souza Crossbenchaye
Baroness Greengross Crossbenchaye
Baroness Howe of IdlicoteCrossbenchaye
Lord Hylton Crossbenchaye
Lord Lewis of NewnhamCrossbenchaye
The Earl of ListowelCrossbenchaye
Lord Ramsbotham Crossbenchaye
Lady Saltoun of AbernethyCrossbenchaye
The Earl of SandwichCrossbenchaye
Baroness Stern Crossbenchaye
Viscount Colville of CulrossCrossbenchno
Baroness Masham of IltonCrossbenchno
Lord Mawson Crossbenchno

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