Author: Eoin Quill
Publisher: Bloomsbury Publishing
ISBN: 1509902058
Category : Law
Languages : en
Pages : 360
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Book Description
The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
Author: James Hand
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The 'compensation culture' has featured frequently in the popular press over the last decade. There have, however, been comparatively few academic studies and such studies as there have been have largely focused on personal injury claims. A compensation culture, if it exists, could extend much wider than that. This article compares the exponential increase in the use of the term 'compensation culture' in the national printed media since 1995 with available statistics relating to the Queen's Bench, County Courts, and employment tribunals. Far from spiralling upwards, these statistics show a broad decline across a range of claims with the exception of claims before the employment tribunals, where the government has created a slew of new heads of claim. In order to counter the misconceptions founded by the popular media, and to allow for greater scrutiny, more attention should be paid to the collection and dissemination of judicial and claims statistics.
Author: Eoin Quill
Publisher:
ISBN: 9781782257912
Category : Compensation (Law)
Languages : en
Pages :
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Book Description
Author: Camilla Kinchin
Publisher:
ISBN:
Category :
Languages : en
Pages : 42
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Book Description
Author: Richard Lewis
Publisher:
ISBN:
Category :
Languages : en
Pages : 31
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Book Description
This article considers some of the problems, real or imagined, that have given rise to the usually pejorative term 'compensation culture.' In focusing upon personal injury litigation, it looks first at the rate at which claims have increased. What might be the reasons for a greater propensity to sue following certain types of injury? Attention then turns to a topic which has been less often examined: the rising cost of each claim. Why are insurers and Health Authorities, among others, having to pay out more for each successful claim? Overall, the focus is upon the allegation that society has had to bear an increased burden as a result of the rising cost of personal injury litigation.In looking at the propensity to claim, recent developments with regard to the procedures adopted by insurers, claims management companies and claimant law firms are examined to illustrate how these institutions have influenced whether an action is brought. In looking at costs, the article describes the changes in tort damages that have taken place in recent years. Reforms have been made not only of the method by which damages are computed, but also of the form in which damages are paid: periodical payments are now common in cases involving serious injury. Damages for pain and suffering have been raised substantially without appreciating the full policy implications whilst damages for financial loss have had to be revised to match the realities of financial world. These various changes are placed in a wider context which sees the increasing cost of claims as an inevitable result of closer adherence to the principle of restoring the claimant to the financial position that was enjoyed before the injury took place. Following proposals to reinforce that principle still further, it is concluded that there will be concern about compensation culture for some time to come.
Author: Michael Stack
Publisher:
ISBN: 9781947657243
Category :
Languages : en
Pages :
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Book Description
Author: Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 0215027809
Category : Political Science
Languages : en
Pages : 244
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Book Description
Compensation Culture : Third report of session 2005-06, Vol. 2: Oral and written Evidence
Author: Great Britain. Parliament. House of Commons. Constitutional Affairs Committee
Publisher: The Stationery Office
ISBN: 9780215027672
Category : Compensation (Law)
Languages : en
Pages : 43
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Book Description
The Committee's report examines a range of issues relating to the compensation system in the UK, including the effect of the move to 'no win, no fee' conditional fee agreements and the need for regulation of claims management companies; the concept of a 'compensation culture' and whether this is leading to unnecessary risk aversion in public services; and the proposed measures in the Compensation Bill (HL) (HLB 35, session 2005-06, ISBN 0108421643) and the NHS Redress Bill (HL) (HLB 22, session 2005-06, ISBN 0108421511). Conclusions drawn include that the move from legal aid to conditional fee agreements may have broadened access to justice, but it has had some unfortunate side-effects; and there is a need for the regulation of claims management companies to tackle abuses such as placing misleading advertisements and mis-selling financial products. The report finds no evidence that conditional fee agreements or personal injury litigation has been a significant factor in causing risk aversion, and personal injury litigation has not increased in recent years; and that, rather than a statutory provision restating the law of negligence, clear leadership is needed by the Government about effective risk management in the public sector.
Author: The Secret Barrister
Publisher: Pan Macmillan
ISBN: 1529009960
Category : Law
Languages : en
Pages : 349
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Book Description
THE TOP TEN SUNDAY TIMES BESTSELLER 'A powerful polemic' Sunday Times 'A compelling, eye-opening read' Daily Express – Did an illegal immigrant avoid deportation because he had a cat? – Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.
Author: Annette Morris
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The propensity of accident victims in England and Wales to claim compensation through the tort system has generally increased since the 1970s. Contrary to popular belief, however, it has remained relatively stable since 2000, if not since 1997/1998. The upward trend in claims abated, therefore, when no-win no-fee advertising achieved prominence. Whether this long-term increase in our propensity to claim supports the notion that a compensation culture has developed is largely a matter of interpretation. Our understanding of recent trends in our propensity to claim has clearly, however, been distorted through the media. This distorted legal consciousness may not only have affected our views of the tort system but may also have influenced our readiness to use it and thereby contributed to the stabilisation of accident claims in recent years.
