I am pleased to inform the House that I have today laid before Parliament and placed in the Libraries of both Houses the responses to the Government’s Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts consultation paper, which was published on 11 July 2006. The document is available...

I am pleased to inform the House that I have today laid before Parliament and placed in the Libraries of both Houses the responses to the Government’s Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts consultation paper, which was published on 11 July 2006. The document is available...

I hope that that would never arise. We envisage that the OLC would say that the obvious solution to the question was for another lawyer to take on the case, and would instruct the lawyer who had failed the complainant to pay the costs of employing another lawyer. Ultimately, the...

I hope that that would never arise. We envisage that the OLC would say that the obvious solution to the question was for another lawyer to take on the case, and would instruct the lawyer who had failed the complainant to pay the costs of employing another lawyer. Ultimately, the...

I think that this would be a good moment to bring the debate on this amendment to a close. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 134 had been withdrawn from the Marshalled List.] Clause 134 agreed to. Clause 135 [Limitation on value of...

I think that this would be a good moment to bring the debate on this amendment to a close. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 134 had been withdrawn from the Marshalled List.] Clause 134 agreed to. Clause 135 [Limitation on value of...

moved Amendment No. 134A: 134A: Clause 135, page 70, line 12, leave out ““£20,000”” and insert ““£25,000”” The noble Lord said: I shall speak also to Amendment No. 134B. These two amendments, both of which have been inspired by recommendations of the Joint Committee, concern the limit on redress for...

moved Amendment No. 134A: 134A: Clause 135, page 70, line 12, leave out ““£20,000”” and insert ““£25,000”” The noble Lord said: I shall speak also to Amendment No. 134B. These two amendments, both of which have been inspired by recommendations of the Joint Committee, concern the limit on redress for...

My amendment in this group accepts some of the arguments of the noble Lord, Lord Kingsland, and would go substantially further by putting the limit at £50,000. Earlier, we were subject to all sorts of cross-references to the financial services sector and its ombudsman. The limit there is £100,000, so...

My amendment in this group accepts some of the arguments of the noble Lord, Lord Kingsland, and would go substantially further by putting the limit at £50,000. Earlier, we were subject to all sorts of cross-references to the financial services sector and its ombudsman. The limit there is £100,000, so...

I put it to the noble Baroness that it is in the interests of the OLC to retain control of the situation where the respondent does not fulfil his obligations once the decision has been made against him. If the OLC is not in control of the situation, a number...

I put it to the noble Baroness that it is in the interests of the OLC to retain control of the situation where the respondent does not fulfil his obligations once the decision has been made against him. If the OLC is not in control of the situation, a number...

I am not disputing the role that the OLC has to play. We want the OLC to be clear that if the situation requires that someone else must do the work, that should happen. The difference between us is about who then makes the decision on employing the other lawyer....

I am not disputing the role that the OLC has to play. We want the OLC to be clear that if the situation requires that someone else must do the work, that should happen. The difference between us is about who then makes the decision on employing the other lawyer....

If the OLC is responsible for finding the other lawyer, the cost of that will be charged against the respondent. If the innocent complainant has to go away and instruct a lawyer himself, that raises a whole lot of difficult cost questions for the innocent complainant. If that flaw in...

If the OLC is responsible for finding the other lawyer, the cost of that will be charged against the respondent. If the innocent complainant has to go away and instruct a lawyer himself, that raises a whole lot of difficult cost questions for the innocent complainant. If that flaw in...

I support both amendments, although I would like to up the figure to £100,000. The important point that has been made is that there must be some rationale for it. Certainly, there has been discussion on linking the maximum award to that which is awarded by the financial ombudsman scheme....

I support both amendments, although I would like to up the figure to £100,000. The important point that has been made is that there must be some rationale for it. Certainly, there has been discussion on linking the maximum award to that which is awarded by the financial ombudsman scheme....

One has to keep a sense of proportion about all this. If significant and serious loss is caused by the negligence of a solicitor, the proper remedy is to sue in the courts. This sort of compensation is limited to inconvenience or distress caused to the complainant as a result...

One has to keep a sense of proportion about all this. If significant and serious loss is caused by the negligence of a solicitor, the proper remedy is to sue in the courts. This sort of compensation is limited to inconvenience or distress caused to the complainant as a result...

I am grateful to noble Lords for raising this important issue. I have a lot of sympathy with what the noble Lord, Lord Thomas of Gresford, has just said. Indeed, he is absolutely right: if significant redress were needed, one would go to the courts, and it would be right...

I am grateful to noble Lords for raising this important issue. I have a lot of sympathy with what the noble Lord, Lord Thomas of Gresford, has just said. Indeed, he is absolutely right: if significant redress were needed, one would go to the courts, and it would be right...

I must vehemently oppose this amendment. The last two groups have seriously underlined a philosophical difference between the Opposition Front Benches and what I understood to be the original consumer-protection focus of the Bill. The whole point of ombudsman systems in other sectors is to have a disputes resolution process...

I must vehemently oppose this amendment. The last two groups have seriously underlined a philosophical difference between the Opposition Front Benches and what I understood to be the original consumer-protection focus of the Bill. The whole point of ombudsman systems in other sectors is to have a disputes resolution process...

If we are not to have recourse to the High Court other than by judicial review, it makes it the more important to leave the figure at £20,000 and not to make it any greater.

If we are not to have recourse to the High Court other than by judicial review, it makes it the more important to leave the figure at £20,000 and not to make it any greater.

moved Amendment No. 134C: 134C: Clause 137 , page 71, line 40, at end insert— ““(10A) Where a determination has become final and binding in accordance with this section, the respondent may appeal to the High Court against the determination or any direction made under section 134(2).”” The noble Lord...

moved Amendment No. 134C: 134C: Clause 137 , page 71, line 40, at end insert— ““(10A) Where a determination has become final and binding in accordance with this section, the respondent may appeal to the High Court against the determination or any direction made under section 134(2).”” The noble Lord...

My Lords, the observations of the noble Lord, Lord Kingsland, in support of this amendment really make the point I was seeking to make in relation to the last amendment. This is not a suitable parallel procedure to access to justice through the courts. As the Bill is drafted, it...

My Lords, the observations of the noble Lord, Lord Kingsland, in support of this amendment really make the point I was seeking to make in relation to the last amendment. This is not a suitable parallel procedure to access to justice through the courts. As the Bill is drafted, it...

My problem with what the noble Lord, Lord Thomas of Gresford, has just said is that we then introduce a stark differentiation between the two schemes. The FOS scheme goes up to £100,000 and it is quite admittedly an alternative and parallel system to that of the courts. Why has...

My problem with what the noble Lord, Lord Thomas of Gresford, has just said is that we then introduce a stark differentiation between the two schemes. The FOS scheme goes up to £100,000 and it is quite admittedly an alternative and parallel system to that of the courts. Why has...

The exchanges between the noble Lord, Lord Thomas of Gresford, and the noble Lord, Lord Neill of Bladen, have raised an issue that I must confess I had not considered when I tabled the amendment. I hope that it is a matter on which the noble Baroness will reflect between...

The exchanges between the noble Lord, Lord Thomas of Gresford, and the noble Lord, Lord Neill of Bladen, have raised an issue that I must confess I had not considered when I tabled the amendment. I hope that it is a matter on which the noble Baroness will reflect between...

Before we finish on this amendment, I would like to correct the noble Lord, Lord Thomas of Greenford. This is not just about inconvenience and distress; it is a way of resolving other issues. Clause 134(2)(c) states that the respondent must, "““pay compensation to the complainant of such an amount...

Before we finish on this amendment, I would like to correct the noble Lord, Lord Thomas of Greenford. This is not just about inconvenience and distress; it is a way of resolving other issues. Clause 134(2)(c) states that the respondent must, "““pay compensation to the complainant of such an amount...