Small Claims Track: Children and Protected Parties

Civil Liability Bill [Lords] – in the House of Commons at 2:45 pm on 23rd October 2018.

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Votes in this debate

  • Division number 246
    A majority of MPs voted not to limit increases in the small claims track limit for those suffering whiplash injuries to inflationary rises only, for people who are either children or people lacking capacity to make decisions for themselves.

“(1) The Small Claims Track Limit in relation to claims made by children and protected parties for whiplash injuries may not be increased unless the increase is to an amount which is not more than the value of £1,000 on 1 April 1999 adjusted for inflation, computed by reference to the consumer prices index.

(2) In subsection (1),

‘children’ means any person or persons under 18;

‘protected parties’ means any person who lacks capacity to conduct the proceedings;

‘lacks capacity’ means lacks capacity within the meaning of the Mental Capacity Act 2005”.—(Gloria De Piero.)

This new clause would limit increases in the small claims track limit for those suffering whiplash injuries to inflationary rises only, for people who are either children or people lacking capacity to make decisions for themselves (as defined in the Mental Capacity Act 2005).

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The House divided:

Ayes 243, Noes 288.

Division number 246 Civil Liability Bill — New Clause 2 — Small Claims Track: Children and Protected Parties

A majority of MPs voted not to limit increases in the small claims track limit for those suffering whiplash injuries to inflationary rises only, for people who are either children or people lacking capacity to make decisions for themselves.

Aye: 243 MPs

No: 288 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 115 MPs

Absents: A-Z by last name

Question accordingly negatived.

Clause 3