Criminal Justice and Courts Bill — Commons Reasons and Amendments — 9 Dec 2014 at 19:58

Motion D

Moved by Lord Faulks

That this House do not insist on its Amendment 107 and do agree with the Commons in their Amendments 107A, 107B, 107C, 107D and 107E in lieu thereof.

Lords Amendment

107: Clause 67, page 67, line 25, leave out subsections (2) to (6) and insert-

“( ) The High Court and the Court of Appeal shall have a discretion whether to order an intervener to pay the costs of a relevant party to the proceedings, and shall have a discretion whether to order a relevant party to the proceedings to pay the intervener’s costs.”

Commons Disagreement and Amendments in lieu

The Commons disagree to Lords Amendment No. 107 and propose Amendments Nos. 107A, 107B, 107C, 107D and 107E in lieu.

107A: Clause 67, page 67, line 22, leave out subsection (1) and insert-

“(1) This section applies where-

(a) a person is granted permission to file evidence or make representations in judicial review proceedings, and

(b) at that time, the person is not a relevant party to the proceedings.

(1A) That person is referred to in this section as an “intervener”.”

107B: Clause 67, page 67, line 30, leave out subsection (4) and insert-

“(4) On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, if the court is satisfied that a condition described in subsection (4A) is met in a stage of the proceedings that the court deals with, the court must order the intervener to pay any costs specified in the application that the court considers have been incurred by the relevant party as a result of the intervener’s involvement in that stage of the proceedings.

“(4A) Those conditions are that-

(a) the intervener has acted, in substance, as the sole or principal applicant, defendant, appellant or respondent;

(b) the intervener’s evidence and representations, taken as a whole, have not been of significant assistance to the court;

(c) a significant part of the intervener’s evidence and representations relates to matters that it is not necessary for the court to consider in order to resolve the issues that are the subject of the stage in the proceedings;

(d) the intervener has behaved unreasonably.”

107C: Clause 67, page 67, line 44, at end insert-

“and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.”

107D: Clause 67, page 68, line 3, leave out from beginning to “directly” in line 6 and insert-

“(a) a person who is or has been an applicant or defendant in the proceedings described in subsection (7)(a), (b) or (c);

(b) a person who is or has been an appellant or respondent in the proceedings described in subsection (7)(d);

(c) any other person who is or has been”

107E: Clause 67, page 68, line 8, at end insert-

“( ) If a person who is an intervener in judicial review proceedings becomes a relevant party to the proceedings, the person is to be treated for the purposes of subsections (2) and (4) as having been a relevant party, rather than an intervener, at all times when involved in the proceedings.”

Debate in Parliament | Source |