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18 June 2010
Issue: 7422 / Categories: Legal News
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Compensation culture under review

The government has ordered a review of the UK’s health and safety laws, reviving the debate about the so-called “compensation culture” in the UK.
Lord Young, who served as trade and industry secretary under Margaret Thatcher in the 1980s, is to lead the review. He is expected to report to the prime minister later this summer.

Lord Young said: “Health and safety regulation is essential in many industries but may well have been applied too generally and have become an unnecessary burden on firms, but also community organisations and public services.

“I hope my review will reintroduce an element of common sense and focus the regulation where it is most needed. We need a system that is proportionate and not bureaucratic.”

However, the Association of Personal Injury Lawyers (APIL) which has long campaigned against the “myth” of the so-called ”compensation culture”, as well as trade unions, which have fought for greater protection of workers, have expressed cynicism about the review.

APIL president, Muiris Lyons says: “No-one’s in favour of tick-box bureaucracy and over-zealous behaviour.

“Our concerns are that this review is an excuse to get rid of valuable health and safety laws that protect people. There seems to be a suggestion from Lord Young that health and safety laws are only needed in mines and heavy industry and not in shops and offices.
“The reason there are fewer accidents in shops and offices is that these laws protect people. Our concern is that he is starting from the wrong point. There hasn’t been a huge increase in claims. This may be an exercise in good old-fashioned lawyer-bashing.”
 

Issue: 7422 / Categories: Legal News
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Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
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A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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