header-logo header-logo

23 November 2017
Issue: 7771 / Categories: Legal News , Personal injury
printer mail-detail

Lord Sumption highlights benefit of no fault injury

Supreme Court Justice Lord Sumption has criticised the law of negligence and highlighted the benefits of ‘no-fault’ personal injury, in a speech that is likely to provoke controversy.

Lord Sumption, who is due to retire in December 2018, also commented that there is currently an unacknowledged trend among the judiciary towards strict liability. His speech last week to the Personal Injuries Bar Association, ‘Abolishing personal injuries law—A project’, noted that greater numbers of claims are being brought—he cites figures of about 250,000 claims in 1973 compared to 1.2 million in 2013–14.

He listed some of the factors for the increase, including increased public awareness of claims, a general societal tendency to regard physical security as an entitlement rather than luck, and judicial expansion of the scope of duty of care. Lord Sumption referred to the historic Thalidomide and Bendectin scandals to illustrate his point that ‘the law of tort is an extraordinarily clumsy and inefficient way of dealing with serious cases of personal injury.

‘It often misses the target, or hits the wrong target. It makes us no safer, while producing undesirable side effects. What is more, it does all of these things at disproportionate cost and with altogether excessive delay.’

He expressed scepticism about the argument that the fault element deters sloppy practices because there is no consistent evidence of this in the US. Moreover, he argued, negligence ‘generally happens through ignorance, incompetence or oversight’.

Lord Sumption also asserted that the courts have moved closer to strict liability, even in areas of law requiring fault, ‘because the whole forensic process of attributing fault is inherently biased in favour of the claimant’.

Issue: 7771 / Categories: Legal News , Personal injury
printer mail-details

MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll