Civil Liability Bill [HL] — Report — 12 Jun 2018 at 18:45

Moved by Lord Keen of Elie

19: After Clause 2, insert the following new Clause-“Review of regulations under section 2(1) The Lord Chancellor must carry out reviews of regulations made under section 2.(2) The first review must be completed before the end of the period of three years beginning with the day on which the first regulations under section 2 come into force.(3) Subsequent reviews must be completed before the end of the period of three years beginning with the day on which the previous review was completed.(4) The Lord Chancellor must prepare and publish a report of each review.(5) The Lord Chancellor must lay a copy of each report before Parliament.”

Moved by Lord Keen of Elie

21: Clause 3, page 3, line 31, leave out “a whiplash injury” and insert “one or more whiplash injuries”

22: Clause 3, page 3, line 32, after “injury” insert “or those injuries”

23: Clause 3, page 3, line 34, leave out “a whiplash injury” and insert “one or more whiplash injuries”

24: Clause 3, page 4, line 2, after “injury” insert “or injuries”

25: Clause 3, page 4, line 3, leave out paragraph (b) and insert-“(b) it is the case that-(i) the whiplash injury is, or one or more of the whiplash injuries are, exceptionally severe, or(ii) where the person’s circumstances increase the pain, suffering or loss of amenity caused by the injury or injuries, those circumstances are exceptional.”

Moved by Lord Keen of Elie

28: Clause 3, page 4, line 15, leave out “a whiplash injury” and insert “one or more whiplash injuries”

29: Clause 3, page 4, line 17, leave out “a whiplash injury” and insert “one or more whiplash injuries”

Moved by Lord Sharkey

32: Clause 4, page 4, leave out line 27 and insert-“(i) of the whiplash injury, and(ii) that the claim does not arise from cold-calling,and”

Moved by Lord Keen of Elie

33: Clause 4, page 4, line 27, after “injury” insert “or injuries”

Moved by Lord Keen of Elie

40: Clause 4, page 5, line 6, leave out “a whiplash injury” and insert “one or more whiplash injuries”

41: Clause 4, page 5, line 6, after “person” insert “on a particular occasion”

42: Clause 4, page 5, line 8, after “injury” insert “or injuries”

43: Clause 4, page 5, line 8, after “(a)” insert “suffered by a person on a particular occasion”

44: Clause 4, page 5, line 10, after “injury” insert “or injuries”

Moved by Lord Sharkey

46: Clause 6, page 6, line 2, at end insert-“(4A) The Treasury must, within one month of the passing of this Act, make further regulations specifying that the Financial Conduct Authority is to require all insurers holding a licence to offer UK motor insurance to publish a report-(a) on the loss cost savings achieved as a result of the provisions of Part 1 of this Act, and(b) how, and the extent to which, such savings have been applied to reduce motor insurance premiums.(4B) The first such report from insurers must cover the period of 12 months beginning with the first day of the month immediately after the commencement of Part 1 of this Act and must be sent to the Financial Conduct Authority by the end of the period of 15 months beginning with the commencement of Part 1 of this Act.(4C) The regulations must grant the Financial Conduct Authority the power to require further reports on an annual basis. (4D) The Financial Conduct Authority, within the period of 18 months after the commencement of Part 1 of this Act, must make and publish a reasoned assessment of whether it is satisfied that each such insurer is passing on to customers any cost benefits arising from Part 1 of this Act.(4E) The regulations under subsection (4A) must make provision for the Treasury to grant powers to the Financial Conduct Authority to enforce a requirement for insurers to pass on loss cost savings, achieved as a result of the provisions of Part 1, from insurers to consumers through a reduction in the cost of premiums if, after the period of 30 months following the commencement of this section, the Financial Conduct Authority advises the Treasury that such powers are necessary.”

Moved by Baroness Hayter of Kentish Town

47: After Clause 7, insert the following new Clause-“Restriction on increase in small claims limit for relevant personal injuries(1) In this section, the “PI small claims limit” refers to the maximum value (currently £1,000) of a claim for damages for personal injuries for which, in accordance with Civil Procedure Rules, the small claims track is the normal track.(2) Civil Procedure Rules may not increase the PI small claims limit in respect of relevant injury claims to an amount above £1,000 for the first time unless-(a) the Lord Chancellor is satisfied, and has certified in writing, that on the day the rules are to come into force, the value of £1,000 on 1 April 1999 adjusted for inflation, computed by reference to CPI, would be at least £1,500, and(b) the rules increase the PI small claims limit to no more than £1,500.(3) Civil Procedure Rules may not increase the PI small claims limit in respect of relevant injury claims on any subsequent occasion unless-(a) the Lord Chancellor is satisfied, and has certified in writing, that on the day the rules are to come into force, the value of £1,000 on 1 April 1999 adjusted for inflation, computed by reference to CPI, would be at least £500 greater than on the day on which the rules effecting the previous increase were made, and(b) the rules increase the PI small claims limit by no more than £500.(4) In this section-“CPI” means the all items consumer prices index published by the Statistics Board;“relevant injury” means an injury which is an injury of soft tissue in the neck, back, or shoulder and which is caused as described in paragraphs (b) and (c) of section 1(3) (negligence while using a motor vehicle on a road, etc.);“relevant injury claim” means a claim for personal injury that consists only of, or so much of a claim for personal injury as consists of, a claim for damages for pain, suffering and loss of amenity caused by a relevant injury, and which is not a claim for an injury in respect of which a tariff amount is for the time being prescribed under section 2.”

Ayes 169, Noes 183.

Debate in Parliament |

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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.

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NamePartyVote
Lord Agnew of OultonCon (front bench)no
Lord Ahmad of WimbledonCon (front bench)no
Baroness Altmann Conno
Baroness Anelay of St JohnsCon (front bench)no
Lord Arbuthnot of EdromConno
The Earl of ArranConno
Lord Ashton of HydeCon (front bench)no
Lord Astor of HeverConno
Earl Attlee Conno
Lord Baker of DorkingConno
Lord Balfe Conno
Lord Barker of BattleConno
Lord Bates Con (front bench)no
Lord Blencathra Con (front bench)no
Baroness Bloomfield of Hinton WaldristCon (front bench)no
Lord Borwick Con (front bench)no
Lord Bourne of AberystwythCon (front bench)no
Lord Brabazon of TaraCon (front bench)no
Lord Brougham and Vaux Con (front bench)no
Baroness Browning Con (front bench)no
Baroness Buscombe Con (front bench)no
Lord Caine Conno
Lord Callanan Con (front bench)no
Lord Carrington of FulhamConno
Lord Cavendish of FurnessCon (front bench)no
Baroness Chalker of WallaseyCon (front bench)no
Baroness Chisholm of OwlpenCon (front bench)no
Lord Colgrain Con (front bench)no
Lord Colwyn Conno
Lord Cooper of WindrushConno
Lord Cope of BerkeleyCon (front bench)no
Lord Cormack Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Baroness Couttie Conno
Lord Crathorne Con (front bench)no
Baroness Cumberlege Conno
Lord de Mauley Con (front bench)no
Lord Deighton Conno
Lord Dixon-Smith Conno
Lord Dobbs Conno
Lord Duncan of SpringbankCon (front bench)no
Lord Dunlop Con (front bench)no
Baroness Eaton Con (front bench)no
Viscount Eccles Con (front bench)no
Baroness Eccles of MoultonConno
Lord Elton Con (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Baroness Fairhead Con (front bench)no
Baroness Fall Conno
Lord Farmer Conno
Lord Faulks Conno
Lord Fellowes of West StaffordConno
Lord Fink Con (front bench)no
Lord Finkelstein Con (front bench)no
Baroness Finn Con (front bench)no
Lord Flight Con (front bench)no
Baroness Fookes Con (front bench)no
Lord Forsyth of DrumleanCon (front bench)no
Lord Framlingham Conno
Lord Fraser of CorriegarthConno
Lord Freud Conno
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
Lord Garel-Jones Conno
Lord Geddes Con (front bench)no
Lord Gilbert of PantegCon (front bench)no
Lord Glenarthur Con (front bench)no
Lord Glendonbrook Conno
Lord Gold Con (front bench)no
Baroness Goldie Con (front bench)no
Lord Goodlad Con (front bench)no
Viscount Goschen Conno
Lord Green of HurstpierpointConno
Viscount Hailsham Conno
Lord Hamilton of EpsomCon (front bench)no
Baroness Hanham Conno
Lord Harris of PeckhamConno
Lord Hayward Conno
Baroness Helic Con (front bench)no
Lord Henley Con (front bench)no
Lord Hill of OarefordConno
Baroness Hodgson of AbingerConno
Lord Hodgson of Astley AbbottsCon (front bench)no
The Earl of HomeConno
Lord Horam Con (front bench)no
Lord Howard of RisingConno
Earl Howe Con (front bench)no
Lord Hunt of WirralCon (front bench)no
Lord Inglewood Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonCon (front bench)no
Lord Keen of ElieCon (front bench)no
Lord Kirkham Conno
Lord Kirkhope of HarrogateCon (front bench)no
Lord Lamont of LerwickCon (front bench)no
Lord Lang of MonktonCon (front bench)no
Lord Leigh of HurleyConno
Lord Lexden Con (front bench)no
The Earl of LindsayCon (front bench)no
Lord Lingfield Conno
The Earl of LiverpoolConno
Lord MacGregor of Pulham MarketCon (front bench)no
Lord Mackay of ClashfernCon (front bench)no
Lord Magan of CastletownConno
Lord Mancroft Conno
Baroness Manzoor Con (front bench)no
Lord Marland Conno
Lord Marlesford Conno
Lord Maude of HorshamConno
Lord McColl of DulwichConno
Lord McInnes of KilwinningConno
Baroness McIntosh of PickeringConno
Baroness Mone Conno
The Duke of MontroseCon (front bench)no
Baroness Morris of BoltonCon (front bench)no
Lord Moynihan Con (front bench)no
Lord Naseby Con (front bench)no
Baroness Neville-Jones Con (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Newlove Con (front bench)no
Baroness Noakes Con (front bench)no
Lord Northbrook Conno
Lord Norton of LouthCon (front bench)no
Baroness O'Cathain Con (front bench)no
Baroness Oppenheim-Barnes Conno
Lord Patten Conno
Baroness Pidding Conno
Lord Polak Con (front bench)no
Lord Popat Conno
Baroness Redfern Conno
Lord Renfrew of KaimsthornCon (front bench)no
Lord Ribeiro Con (front bench)no
Viscount Ridley Conno
Lord Risby Con (front bench)no
Lord Robathan Con (front bench)no
Baroness Rock Con (front bench)no
Lord Rotherwick Conno
Lord Ryder of WensumConno
Baroness Seccombe Con (front bench)no
Lord Selkirk of DouglasCon (front bench)no
Lord Selsdon Conno
Baroness Shackleton of BelgraviaCon (front bench)no
Lord Sheikh Conno
Baroness Shephard of NorthwoldConno
Lord Sherbourne of DidsburyCon (front bench)no
Lord Shinkwin Conno
Lord Smith of HindheadCon (front bench)no
Baroness Stedman-Scott Con (front bench)no
Baroness Sugg Con (front bench)no
Lord Suri Conno
Lord Taylor of HolbeachCon (front bench)tellno
Lord Trefgarne Con (front bench)no
Lord True Con (front bench)no
Lord Tugendhat Con (front bench)no
Viscount Ullswater Con (front bench)no
Baroness Vere of NorbitonCon (front bench)no
Baroness Verma Con (front bench)no
Lord Wakeham Con (front bench)no
Lord Wei Conno
Baroness Wheatcroft Conno
Lord Whitby Conno
Lord Willetts Conno
Baroness Wyld Con (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
Lord Alton of LiverpoolCrossbenchaye
Lord Broers Crossbenchaye
Lord Elystan-Morgan Crossbenchaye
Viscount Falkland Crossbench (front bench)aye
Baroness Finlay of LlandaffCrossbench (front bench)aye
Baroness Hayman Crossbenchaye
Baroness O'Neill of BengarveCrossbench (front bench)aye
Baroness Prashar Crossbench (front bench)aye
Baroness Watkins of TavistockCrossbench (front bench)aye
Viscount Craigavon Crossbenchno
Lord Greenway Crossbenchno
Lord Hogan-Howe Crossbenchno
Lord Kilclooney Crossbenchno
Lord Russell of LiverpoolCrossbench (front bench)no
The Earl of SandwichCrossbenchno
The Duke of SomersetCrossbenchno
Lord Trees Crossbench (front bench)no
Lord Vaux of HarrowdenCrossbench (front bench)no
Lord Browne of BelmontDUPno
Lord Hay of BallyoreDUPno
Lord Morrow DUPno
Lord Maginnis of DrumglassIndependent Ulster Unionistno
Lord Hope of CraigheadJudge (front bench)aye
Lord Judge Judge (front bench)aye
Baroness Adams of CraigieleaLabaye
Lord Alli Labaye
Lord Anderson of SwanseaLab (minister)aye
Baroness Andrews Lab (minister)aye
Lord Bassam of BrightonLab (minister)aye
Lord Beecham Lab (minister)aye
Lord Berkeley Labaye
Baroness Blackstone Lab (minister)aye
Lord Blunkett Labaye
Lord Boateng Labaye
Lord Bradley Labaye
Lord Bragg Labaye
Lord Brooke of AlverthorpeLabaye
Lord Browne of LadytonLabaye
Lord Campbell-Savours Lab (minister)aye
Lord Carter of ColesLab (minister)aye
Lord Cashman Lab (minister)aye
Baroness Chakrabarti Lab (minister)aye
Viscount Chandos Labaye
Lord Clarke of HampsteadLabaye
Lord Clark of WindermereLabaye
Lord Collins of HighburyLab (minister)aye
Baroness Corston Lab (minister)aye
Lord Davies of OldhamLab (minister)aye
Lord Davies of StamfordLabaye
Lord Donoughue Labaye
Baroness Drake Lab (minister)aye
Lord Dubs Lab (minister)aye
Lord Elder Lab (minister)aye
Lord Faulkner of WorcesterLab (minister)aye
Lord Foulkes of CumnockLab (minister)aye
Baroness Gale Lab (minister)aye
Lord Gordon of StrathblaneLab (minister)aye
Baroness Goudie Lab (minister)aye
Lord Grantchester Lab (minister)aye
Lord Grocott Lab (minister)aye
Viscount Hanworth Lab (minister)aye
Lord Harris of HaringeyLab (minister)aye
Lord Haskel Lab (minister)aye
Lord Haworth Labaye
Baroness Hayter of Kentish TownLab (minister)aye
Baroness Healy of Primrose HillLab (minister)aye
Lord Hollick Lab (minister)aye
Lord Hughes of WoodsideLabaye
Lord Hunt of Kings HeathLab (minister)aye
Lord Irvine of LairgLab (minister)aye
Lord Jones Lab (minister)aye
Baroness Jones of WhitchurchLab (minister)aye
Lord Judd Lab (minister)aye
Baroness Kennedy of CradleyLabaye
Lord Kennedy of SouthwarkLab (minister)aye
Lord Layard Lab (minister)aye
Lord Lea of CrondallLabaye
Lord Lennie Lab (minister)aye
Baroness Liddell of CoatdykeLab (minister)aye
Lord Liddle Lab (minister)aye
Baroness Lister of BurtersettLabaye
Lord MacKenzie of CulkeinLabaye
Baroness Massey of DarwenLab (minister)aye
Lord McAvoy Lab (minister)tellaye
Baroness McDonagh Labaye
Baroness McIntosh of HudnallLab (minister)aye
Lord Mendelsohn Labaye
Lord Monks Labaye
Lord Morris of HandsworthLab (minister)aye
Lord Pendry Lab (minister)aye
Lord Prescott Labaye
Baroness Prosser Lab (minister)aye
Baroness Quin Lab (minister)aye
Lord Radice Labaye
Lord Reid of CardowanLab (minister)aye
Lord Rosser Lab (minister)aye
Lord Rowlands Lab (minister)aye
Lord Sawyer Labaye
Baroness Sherlock Lab (minister)aye
Viscount Simon Lab (minister)aye
Baroness Smith of BasildonLab (minister)aye
Lord Soley Lab (minister)aye
Lord Stevenson of BalmacaraLab (minister)aye
Lord Stone of BlackheathLabaye
Lord Tomlinson Labaye
Lord Touhig Labaye
Lord Tunnicliffe Lab (minister)tellaye
Lord Watson of InvergowrieLab (minister)aye
Lord Watts Lab (minister)aye
Lord West of SpitheadLabaye
Baroness Wheeler Lab (minister)aye
Baroness Whitaker Lab (minister)aye
Lord Winston Labaye
Lord Wood of AnfieldLab (minister)aye
Lord Young of Norwood GreenLab (minister)aye
Baroness Young of Old SconeLab (minister)aye
Lord Addington LDem (front bench)aye
Lord Alderdice LDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin LDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Baroness Brinton LDem (front bench)aye
Baroness Burt of SolihullLDemaye
Lord Chidgey LDemaye
Lord Cotter LDemaye
Lord Dholakia LDem (front bench)aye
Baroness Doocey LDem (front bench)aye
Lord Dykes LDem (front bench)aye
Baroness Featherstone LDem (front bench)aye
Lord Foster of BathLDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
The Earl of GlasgowLDem (front bench)aye
Lord Goddard of StockportLDem (front bench)aye
Baroness Grender LDemaye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)aye
Baroness Hussein-Ece LDem (front bench)aye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Lord Lee of TraffordLDemaye
Baroness Ludford LDem (front bench)aye
Lord Maclennan of RogartLDemaye
Baroness Maddock LDem (front bench)aye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord McNally LDem (front bench)aye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDem (front bench)aye
Baroness Parminter LDemaye
Baroness Pinnock LDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Scriven LDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Baroness Sheehan LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Baroness Smith of NewnhamLDem (front bench)aye
Lord Stoneham of DroxfordLDem (front bench)aye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDem (front bench)aye
Baroness Suttie LDem (front bench)aye
Lord Taverne LDemaye
Lord Teverson LDem (front bench)aye
Baroness Thornhill LDem (front bench)aye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDem (front bench)aye
Lord Wallace of TankernessLDem (front bench)aye
Lord Loomba LDemno
Baroness Nicholson of WinterbourneLDem (front bench)no
Baroness Uddin Non-affiliatedaye
Lord Taylor of WarwickNon-affiliatedno
Lord Wigley PC (front bench)aye
Lord Empey UUP (front bench)no

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