header-logo header-logo

Compensation claims in danger

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll