header-logo header-logo

27 November 2008
Issue: 7347 / Categories: Legal News , Personal injury
printer mail-detail

Compensation claims in danger

Personal injury

Personal injury lawyers have criticised Law Commission proposals they say will seriously undermine people’s right to compensation.

In a consultation paper that closed this month, the Law Commission set out plans which sought to balance “fairness to an aggrieved person with the need to promote “effective public administration”. However, the Association of Personal Injury Lawyers (APIL) says the plans could allow public bodies to get away with negligence.

Amada Stevens, APIL president, says the proposals are not justified by current circumstance.

“Liability against public bodies is not expanding and we can find no clear rationale to justify radical reform of the law in relation to public bodies,” she says.

Stevens continues:
“Negligence which results in injury or death causes the same devastation irrespective of whether the defendant is a private individual or a public body, and the negligence test should not be tougher for one than the other.”

She says that changes to the law would mean that even in cases where fault had been clearly established against public bodies it would no

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll