Download or read book Damages and Compensation Culture written by Eoin Quill and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Damages and Compensation Culture written by Eoin Quill and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compensation Culture Reviewed written by Richard Lewis and published by . This book was released on 2019 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Spiralling Or Stabilising The Compensation Culture and Our Propensity to Claim Damages for Personal Injury written by Annette Morris and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2013-02-28 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive text on personal injury law, now updated to take into account recent significant changes in the law.
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2006-10-26 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2018-09-13 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies social context to offer an understanding of the law concerning accidents, personal injury and death.
Download or read book Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System written by Richard Lewis and published by . This book was released on 2019 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter examines Britain's “compensation culture,” and the allegation that society has had to bear an increasing burden as a result of the rising number and cost of claims for damages for personal injury. The analysis is divided into two parts: the total number of claims brought each year is discussed first, and this is followed by an assessment of the overall cost of disposing of individual actions. The chapter gathers together information from a variety of academic and practitioner sources to produce a novel and up to date perspective upon the compensation culture debate.Although it is indeed true that claims have increased, they have done so only with regard to specific types of injury. Among the key factors highlighted are the working practices of three institutions which form the bedrock of our claims system: liability insurance companies, claims management organisations and claimant law firms. Criticisms are made here of a “dysfunctional” insurance industry; this is followed by a description of the rise and fall of an even more criticised claims gathering industry; and finally, attention is focused upon the rapidly changing structure of the legal profession involved in personal injury.In considering the rising cost of individual claims the major changes to tort damages awards are summarised. Reforms have been made not only of the method by which compensation is calculated, but also of the form in which the money is to be 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 compensation for financial loss has had to be revised to match the realities of the wider financial world. These reforms are placed in a broader 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. One of the conclusions drawn is that the structural factors identified here will continue generate concern about “compensation culture” for some time to come.
Download or read book Fake Law written by The Secret Barrister and published by Pan Macmillan. This book was released on 2020-09-03 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ireland s Personal Injury Compensation Culture written by Irish Business and Employers Confederation and published by . This book was released on 1999 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fault Lines written by David Engel and published by Stanford University Press. This book was released on 2009-04-24 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.
Download or read book State Liability written by Carol Harlow and published by Oxford University Press, USA. This book was released on 2004 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Within domestic legal systems, there has been a considerable extension of tortious liability which is impinging on the State and its resources. These lectures address statutory and administrative compensation, and examine the influence of group actions and of globalization. Pressure on domestic legal systems has been increased by transnational courts, notably the Court of Human Rights and the European Court of Justice. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.
Download or read book Compensation Culture written by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee and published by The Stationery Office. This book was released on 2006-03-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compensation Culture : Third report of session 2005-06, Vol. 2: Oral and written Evidence
Download or read book Compensation for Personal Injury in a Comparative Perspective written by Bernhard A. Koch and published by Springer. This book was released on 2002-12-23 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the law and practice of compensation for personal harm in ten European jurisdictions, each covered by a separate country report. The authors are renowned tort law experts from these legal systems. After addressing the core concepts and foundations of liability in the respective jurisdiction, each report presents an in-depth analysis of the various kinds as well as the extent of damages for personal injury and death. A comparative analysis concludes the volume by focusing on the major differences and similarities among the various jurisdictions.
Download or read book The Compensation Culture written by Camilla Kinchin and published by . This book was released on 2004 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Damages Lottery written by P.S. Atiyah and published by Bloomsbury Publishing. This book was released on 1997-05-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man slips on a dance floor and breaks his leg. He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.
Download or read book Law of Torts written by Bryan M E McMahon and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 2668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
