Clause 93 - Award of costs against third parties
Courts Bill [Lords]
3:00 pm
Mr Bill O'Brien (Normanton, Labour)
With this it will be convenient to discuss the following:
Amendment No. 96, in
clause 93, page 45, line 28, leave out 'serious'.
Amendment No. 97, in
clause 93, page 45, line 28, after 'serious', insert 'and wilful'.
Amendment No. 98, in
clause 93, page 45, line 31, at end insert—
'( ) Regulations made under this section must provide that a third party costs order shall not be made unless the court considering making the order has
(a) notified the third party that it is considering making a third party costs order against him, and
(b) if the third party so requests, held a hearing to determine whether the third party has been guilty of serious misconduct and whether it is appropriate to make an order against him.'.
Amendment No. 99, in
clause 93, page 45, line 31, at end insert—
'( ) Serious misconduct shall be an intentional or reckless act that materially contributes to the delay or abandonment of a trial which thereby causes costs to be incurred.'.
Amendment No. 101, in
clause 106, page 58, line 4, after '(3)', insert
'or under section 93 (award of costs against third parties)'.