Atiyah's accidents, compensation and the law by Peter Cane

By Peter Cane

Because its first e-book, injuries, repayment and the legislations has been recognized because the top remedy of the legislations of non-public accidents reimbursement and the social, political and financial concerns surrounding it. The 7th version of this vintage paintings explores contemporary momentous alterations in own harm legislation and perform and places them into huge point of view. most importantly, it examines advancements affecting the financing and behavior of non-public harm claiming: the abolition of criminal relief for many own harm claims; the expanding use of conditional cost agreements and after-the-event coverage; the meteoric upward thrust and approaching legislation of the claims administration undefined. proceedings that Britain is a 'compensation tradition' anguish an 'insurance trouble' are investigated. New facts on tort claims are mentioned, offering clean insights into the evolution of the tort approach which, regardless of fresh reforms, continues to be deeply incorrect and ripe for radical reform.

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Example text

The answers to these questions cannot be found by looking at any one segment of the law. It is true that one large chapter of private law – tort law – appears to be central to the questions posed, and a significant part of this book is concerned with tort law. But to concentrate on this segment of private law to the exclusion of other relevant areas of the law would give a very distorted view of the way in which the problem of compensation for misfortunes is dealt with in our society. There are Introduction: surveying the field many other methods of compensation, such as the social security system and the criminal injuries compensation system, which deal with disability and bodily injuries.

In the tort system this distinction marks the line between liability and no-liability because compensation for injury or illness will be recoverable in a tort action only if one of its immediate or proximate causes was the conduct of some human person other than the claimant. This is so even if the defendant to the tort action is a corporation. 3 The Criminal Injuries Compensation Scheme (see ch. 12) is also limited to injuries caused by someone other than the victim. By contrast, the social security system is not so limited in its coverage: it draws no distinction between disabilities with a human cause and disabilities resulting from ‘natural causes’.

By contrast, the social security system is not so limited in its coverage: it draws no distinction between disabilities with a human cause and disabilities resulting from ‘natural causes’. 5) are available to all disabled people regardless of the cause of their disabilities. 3) are only available in respect of ‘injuries arising out of and in the course of employment’; but while it is probably true that most such injuries can be traced to a proximate human cause, the claimant does not have to do this in order to qualify for benefits.

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