[PDF] Compensation Culture Reviewed eBook

Author : Richard Lewis
Publisher :
Page : 31 pages
File Size : 29,42 MB
Release : 2019
Category :
ISBN :

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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 : Eoin Quill
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 50,74 MB
Release : 2016-11-17
Category : Law
ISBN : 1509902058

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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 : The Secret Barrister
Publisher : Pan Macmillan
Page : 349 pages
File Size : 40,41 MB
Release : 2020-09-03
Category : Law
ISBN : 1529009960

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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 : James Hand
Publisher :
Page : 0 pages
File Size : 17,28 MB
Release : 2010
Category :
ISBN :

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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 : David M. Engel
Publisher : University of Chicago Press
Page : 241 pages
File Size : 23,79 MB
Release : 2016-09-16
Category : Law
ISBN : 022630504X

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While the United States is often called the Land of the Law Suit, in reality Americans hardly sue at all. In fact, when it comes to physical injuries, over 90% of the time, we--as David M. Engel points out in his engaging and provocative book--simply lump it, making no claims against either the injurers or their insurance companies. Bringing to bear an impressive array of research and data, Engel firmly and persuasively demolishes the pervasive myth of the litigious American. But why don t most people sue whey they have been wrongfully physically injured? We have in fact a mystery, what Engel calls The Case of the Missing Plaintiff. The solution his investigation leads us to is as fascinating as it is unexpected. Engel reconstructs how people who suffer injuries actually react to them. When real people experience physical injuries, their lives, thoughts, and emotions are profoundly disrupted and compromised. They often have difficulty thinking clearly and acting decisively. Human nature, our immediate friends and families, and broader social and cultural factors all tend again injury victims making claims. And as often as one might have heard of victim-blaming, self-blame is one of the most common reactions of victims to their injuries. Ultimately Engel shows that the proliferation of law and regulations in our society is not the problem. The real problem is the law s failure to protect those who suffer wrongful injuries. Tort law is usually said to serve three purposes that even those who want to curtail law suits would agree on: to compensate losses suffered by injury victims, to deter unnecessarily risky and harmful behavior, and to correct the moral injustice that results when one person or group injures another. Engel s book clearly and powerfully shows that none of these purposes is being met and concludes his investigation with recommendations for how they might be."

Author : James Goudkamp
Publisher :
Page : 19 pages
File Size : 43,75 MB
Release : 2016
Category :
ISBN :

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This article addresses the Young Report, which is an important recent response to Britain's putative 'compensation culture'. This report is examined with reference to the far-reaching reforms of tort law that occurred in Australia at the start of the twenty-first century. The analysis reveals that while there are certain similarities in the way in which tort law has been reformed in Australia and Britain, the reform experience in these jurisdictions has been quite different. The main difference is that attention in Britain has centred on the system of procedure by which tort law is administered whereas in Australia the focus has been on the substantive law, including the law governing the assessment of damages. A possible reason for this divergence has to do with differences in political ideology.

Author : Great Britain: Parliament: House of Commons: Constitutional Affairs Committee
Publisher : The Stationery Office
Page : 244 pages
File Size : 48,25 MB
Release : 2006-03-10
Category : Political Science
ISBN : 0215027809

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Compensation Culture : Third report of session 2005-06, Vol. 2: Oral and written Evidence

Author : Anthony King
Publisher : Simon and Schuster
Page : 668 pages
File Size : 38,16 MB
Release : 2014-09-04
Category : Political Science
ISBN : 1780746180

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With unrivalled political savvy and a keen sense of irony, distinguished political scientists Anthony King and Ivor Crewe open our eyes to the worst government horror stories and explain why the British political system is quite so prone to appalling mistakes.

Author : Prue Vines
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 26,31 MB
Release : 2020-09-03
Category : Law
ISBN : 1509928006

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This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.