Written Answers
Libel Litigation: Cost
asked Her Majesty's Government:Whether they appreciate the problems caused by the cost of libel litigation in English courts, to both plaintiff and defendant, and whether they have any plans to reform and simplify the cost of actions in defamation.
The Government are aware of the level of costs involved in actions for defamation if they are pursued until trial and judgment. One element contributing to that level is the requirement of a jury at the suit of either party. The Government are not, however, satisfied that abolition of that right would be to the public good.
Owner-Occupied Let Property: Repossession
asked Her Majesty's Government:Whether legislation is to be introduced to amend Case 11 of Schedule 15 to the Rent Act 1977 in the light of the decision in the Court of Appeal on the case of
Pocock v. Steel.
The Government have considered carefully the implications for landlords using Case 11 of the Court of Appeal's decision, which has overturned the widely accepted view of the effect of the case. We have decided that the legislation should be amended.The main effects that amending legislation should have are, first, to enable landlords to use Case 11 in respect of a letting of a dwelling which they have occupied at any time in the past; and, secondly, to restore to owners with existing Case 11 lettings the right to use that case to regain possession of their homes, provided that they can satisfy the requirements of the case as amended. There would also need to be certain transitional provisions.My honourable friend the Member for Hampshire East obtained leave on 14th May to introduce a Bill which would have these effects. The Bill is being published today and will have the Government's support.
Service Widows' Pensions
asked Her Majesty's Government:What is the difference between the pension of a woman widowed in World War I or World War II and a woman widowed by the death of a serviceman in Northern Ireland or the Falklands campaign.
All widows who lost their husbands in action in the World Wars receive a war widow's pension from the Department of Health and Social Security. World War widows whose husbands were below the rank of Warrant Officer Class I or equivalent receive no additional pension from the Ministry of Defence; and the widows of Warrant Officers Class I and equivalents and the widows of commissioned officers do so only where certain qualifications were met, including the completion by the husband of a minimum period of qualifying service. From 31st March 1973, the Armed Forces occupational pension scheme was improved and all widows whose husbands died in service from that date, and where the death is attributable to service, receive a pension from the Ministry of Defence in addition to a war widow's pension from the Department of Health and Social Security. The widows of privates who died in World War I, World War II and in May 1982 currently receive:
| Death in World War I | Death in World War II | Death in May 1982 | |||||
| Widow aged over 80 | Widow aged over 70 | Widow aged under 40 with no children | Widow aged under 40 with one child | ||||
| DHSS | MOD | DHSS | MOD | DHSS | MOD | DHSS | MOD |
| £ | £ | £ | £ | £ | £ | £ | £ |
| 3,079 | NIL | 2,949 | NIL | 560 | 2,453 | 3,003 | 3,112 |