division_name: Coroners and Justice Bill &#8212; <i>Report (4th Day)</i>
motion: <p class="italic" pid="a.1278.5/1" pwmotiontext="unrecognized">Amendment 96</p>
  
  <p class="italic" pid="a.1278.5/2" pwmotiontext="unrecognized"> Moved by Lord Bach</p>
  
  <p pid="a.1278.5/3" pwmotiontext="unrecognized"><b>96:</b> After Clause 143, insert the following new Clause&#8212;</p>
  
  <p pid="a.1278.5/4" pwmotiontext="quot">"Damages-based agreements</p>
  
  <p pid="a.1278.5/5" pwmotiontext="lines">(1) The Courts and Legal Services Act 1990 (c. 41) is amended as follows.</p>
  
  <p pid="a.1278.5/6" pwmotiontext="lines">(2) After section 58A insert&#8212;</p>
  
  <p pid="a.1278.5/7" pwmotiontext="quot">"58AA Damages-based agreements</p>
  
  <p pid="a.1278.5/8" pwmotiontext="lines">(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.</p>
  
  <p pid="a.1278.5/9" pwmotiontext="lines">(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&#8212;</p>
  
  <p pid="a.1278.5/10" pwmotiontext="lines">(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</p>
  
  <p pid="a.1278.5/11" pwmotiontext="lines">(b) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained.</p>
  
  <p pid="a.1278.5/12" pwmotiontext="lines">(3) The agreement&#8212;</p>
  
  <p pid="a.1278.5/13" pwmotiontext="lines">(a) must relate to proceedings or a claim of a prescribed description;</p>
  
  <p pid="a.1278.5/14" pwmotiontext="lines">(b) must not relate to proceedings in a relevant court;</p>
  
  <p pid="a.1278.5/15" pwmotiontext="lines">(c) must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;</p>
  
  <p pid="a.1278.5/16" pwmotiontext="lines">(d) must comply with such other requirements as to its terms and conditions as are prescribed;</p>
  
  <p pid="a.1278.5/17" pwmotiontext="lines">(e) must be made only after the person providing services under the agreement has provided prescribed information; and</p>
  
  <p pid="a.1278.5/18" pwmotiontext="lines">(f) must be in writing.</p>
  
  <p pid="a.1278.5/19" pwmotiontext="lines">(4) A description of proceedings prescribed under subsection (3)(a) must not include proceedings that are&#8212;</p>
  
  <p pid="a.1278.5/20" pwmotiontext="lines">(a) criminal proceedings; or</p>
  
  <p pid="a.1278.5/21" pwmotiontext="lines">(b) family proceedings (within the meaning given by section 58A(2)).</p>
  
  <p pid="a.1278.5/22" pwmotiontext="lines">(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.</p>
  
  <p pid="a.1278.5/23" pwmotiontext="lines">(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.</p>
  
  <p pid="a.1278.5/24" pwmotiontext="lines">(7) Before making regulations under subsection (3) the Lord Chancellor must consult&#8212;</p>
  
  <p pid="a.1278.5/25" pwmotiontext="lines">(a) the designated judges,</p>
  
  <p pid="a.1278.5/26" pwmotiontext="lines">(b) the General Council of the Bar,</p>
  
  <p pid="a.1278.5/27" pwmotiontext="lines">(c) the Law Society, and</p>
  
  <p pid="a.1278.5/28" pwmotiontext="lines">(d) such other bodies as the Lord Chancellor considers appropriate.</p>
  
  <p pid="a.1278.5/29" pwmotiontext="lines">(8) In this section&#8212;</p>
  
  <p pid="a.1278.5/30" pwmotiontext="quot">"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);</p>
  
  <p pid="a.1278.5/31" pwmotiontext="quot">"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);</p>
  
  <p pid="a.1278.5/32" pwmotiontext="quot">"proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated;</p>
  
  <p pid="a.1278.5/33" pwmotiontext="quot">"relevant court" means&#8212;</p>
  
  <p pid="a.1278.5/34" pwmotiontext="lines">(a) a magistrates' court;</p>
  
  <p pid="a.1278.5/35" pwmotiontext="lines">(b) a county court;</p>
  
  <p pid="a.1278.5/36" pwmotiontext="lines">(c) the High Court;</p>
  
  <p pid="a.1278.5/37" pwmotiontext="lines">(d) the Court of Appeal;</p>
  
  <p pid="a.1278.5/38" pwmotiontext="lines">(e) the Supreme Court.</p>
  
  <p pid="a.1278.5/39" pwmotiontext="lines">(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.</p>
  
  <p pid="a.1278.5/40" pwmotiontext="lines">(10) Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (3)."</p>
  
  <p pid="a.1278.5/41" pwmotiontext="lines">(3) In section 120(4) (regulations and orders) after "58(4)," insert "58AA"."</p>