HL Deb 22 July 1988 vol 499 c1686

319 Schedule 7, page 119, line 49, at end, insert—

'Appropriate law

5A. Subject to the provisions of this Part of this Act, a claim for compensation under any of the heads specified in section 106 above is to be determined, and the amount of any compensation which falls to be assessed under any of those heads is to be assessed, in accordance with the rules of the law of England and Wales or the law of Scotland (including rules contained in Acts of Parliament but not including rules allowing a plaintiff or pursuer aggravated damages or interest) in accordance with which a claim in tort or delict arising out of the same facts for damages under a corresponding head would fall to he determined'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 319. The amendment provides that the appropriate law to be applied by the board to criminal injury cases should be the same as would apply if a civil claim for damages were pursued. It is a more satisfactory formulation in our view than the present wording.

Moved, That the House do agree with the Commons in their Amendment No. 319.—(Earl Ferrers.)