header-logo header-logo

Soldiers of whiplash reform

nlj_7785_beazleigh

Debate over the ‘compensation culture’ should eschew the insults and focus on common areas of agreement, says Gary Beazleigh

  • A collaborative approach on common issues may achieve a more favourable outcome than focusing on what divides stakeholders.

Claimant lawyers have drawn their battle lines around access to justice while defendants plot their continued war against the compensation culture.

But what is ‘compensation culture’? To the man on the street it is a phrase that conjures images of excessive and unmeritorious personal injury claims captured by ambulance chasers. However, it could be argued that we should beware an equally unattractive counter-culture whereby we create a legal framework that creates firewalls preventing genuine claimants from recovering fair compensation against an alleged tortfeasor. A fair system of compensation should sit somewhere on this spectrum but should be based on a set of values, traditions, beliefs, interactions, behaviours and attitudes, and it is these factors that define what a modern compensation culture should look like.

It was in George Osborne’s infamous Autumn statement

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

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
back-to-top-scroll