HL Deb 04 May 1971 vol 318 cc156-9

3.4 p.m.

LORD BALERNO

My Lords, I beg to move that this Report be now received. Before moving the Amendments in my name I should like to make a preliminary explanation. To the legal laymen of both Houses it seemed that the object of the Bill was clearly stated in permitting the court to award interest on damages from the time of the right of action— that is to say, from the time of the accident—and to compel the court to award damages, unless there were specific reasons to the contrary, where there were personal injuries. Subsequently, on the Committee stage, the noble and learned Lord, Lord Wheatley, moved a series of Amendments. These were not accepted at the time but were taken into consideration, and as a result of the consideration between the noble and learned Lord and the Lord Advocate the Amendments which are now before the House were drawn up. Although they do not in any substantial way alter the Bill, they make its purpose clear beyond a legal peradventure. The noble and learned Lord, being on circuit today, is unable to be present to support these Amendments. I am sure your Lordships will understand that his absence is unavoidable.

Moved, That the Report be now received.—(Lord Balerno.)

On Question, Motion agreed to.

Clause 1 [Extension of power to courts to grant interest on damages]:

LORD BALERNOmoved Amendment No. 1: Page 1, line 8, leave out from ("Where") to ("pronounces") in line 9 and insert ("a court")

The noble Lord said: My Lords, unless it is your Lordships' desire, I do not want to tire you with a detailed argument for each Amendment, and will do my best to be as brief as possible. The first Amendment is to remove a doubt whether the Bill applies to damages for breach of contract as well as to damages in actions for reparation. If your Lordships agree the Amendment, no one will be able to say that it does not. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 2: Page 1, line 16, leave out from ("Where") to ("court") in line 17 and insert ("a").

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 1. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 3: Page 1, line 19, after ("damages") insert ("or solatium")

The noble Lord said: My Lords, Amendment No. 3 ensures payment of interest not only for personal injuries but also for solatium or on such part of solatium as the court considers appropriate. Solatium might be interpreted as a sum of money paid for injured feelings. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 4: Page 1, line 21, leave out ("that subsection") and insert ("subsection (1) of this section")

The noble Lord said: My Lords, Amendment No. 4 is consequential on Amendment No. 1. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 5: Page 1, line 23, after ("damages") insert ("or solatium")

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 3. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 6: Page 1, line 24, after ("damages") insert ("and on that solatium")

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 3. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 7: Page 1, line 25, leave out ("them") and insert ("each")

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 3. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 8:

Page 2, line 1, leave out ("special reasons") and insert ("reasons special to the case")

The noble Lord said: My Lords, this Amendment alters "special reasons" to "reasons special to the case"—semantic perhaps, but important to the lawyers.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 9:

Page 2, line 2, leave out ("of those damages") and insert ("thereof").

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 3. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 10:

Page 2, line 2, at end insert (1B) For the avoidance of doubt, it is hereby declared that where, in any action in which it is competent for the court to award interest under this Act, a tender is made in the course of the action, the tender shall, unless otherwise stated therein, be in full satisfaction of any claim to interest thereunder by any person in whose favour the tender is made; and in considering in any such action whether an award is equal to or greater than an amount tendered in the action, the court shall take account of the amount of any interest awarded under this Act, or such part of that interest as the court considers appropriate. ( ) In section 2 of the said Act of 1958 there shall be inserted at the end the words "having regard to the provisions of the Interest on Damages (Scotland) Acts 1958 and 1971."

The noble Lord said: My Lords, this Amendment is for the avoidance of doubt, since it is arguable that it restates the present law, that a tender made in the course of an action is normally in full satisfaction; that is to say, it includes a claim for interest. Your Lordships will understand that the court, not having heard the full case at that time, is hardly in a position to make an award for interest. The second part of the Amendment removes a doubt. When there is an appeal from a sheriff jury case to the higher court, the court may make a different award of interest. I beg to move.

On Question, Amendment agreed to.

LORD BALERNOmoved Amendment No. 11: Page 2, line 5, leave out (""damages" includes solatium, and")

The noble Lord said: My Lords, this Amendment is consequential on Amendment No. 3. I beg to move.

On Question, Amendment agreed to.