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 |

All Votes Cast - sorted by party

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.

Sort by: Name | Party | Vote

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

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

There are lots of plans afoot, including extensive redevelopment of the site and plans for new functionality. To keep up with what's happening, please check out the blog. We're working on updating all the contact details throughout the site, but if you'd like to talk to us about the project, please email [email protected]

The Whip on the Web

Advertisement - Helping keeping PublicWhip alive