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Dated October 2013. Response to Consultation paper CP17/2012, Cm. 8425 (ISBN 9780101842525) & the Transport Committee's 4th report, HC 117, session 2013-14 (ISBN 9780215061423)
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.
This report reviews the Government's plans to tackle fraudulent and exaggerated motor insurance claims, particularly for whiplash injuries. It is the Transport Committee's fourth report on the cost of motor insurance and, while premiums are now falling, aspects of the market remain dysfunctional and have encouraged criminality to take root. Further action is still required to tackle fraud whilst protecting genuine claimants. The Government must prohibit insurers from settling whiplash claims before the claimant has undergone a medical examination. On issues of court procedure and medical panels the Committee endorses the Government's intention to require courts to strike out 'dishonest' insurance claims (e.g. those involving gross exaggeration), but cautions against hasty legislation due to the complex legal implications. The report calls for data sharing about potentially fraudulent claims between insurers and claimant solicitors to be made compulsory rather than voluntary (as currently proposed). The Government should oversee funding arrangements for the police Insurance Fraud Enforcement Department, to make sure that this unit, currently funded directly by the insurance industry, has a long-term future. Government proposals for independent medical assessments are welcomed but more work is required on implementation. The Government should press the Solicitors Regulation Authority to stop some solicitors from playing the system to maximise their income by commissioning unnecessary psychological evaluations.
A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Using empirical data gathered from practicing lawyers and law officials, this book examines the out of court settlement of personal injury actions.