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

By Peter Cane

Given that its first ebook, injuries, repayment and the legislation has been known because the major therapy of the legislations of private accidents reimbursement and the social, political and fiscal concerns surrounding it. The 7th variation of this vintage paintings explores fresh momentous adjustments in own damage legislation and perform and places them into huge standpoint. most importantly, it examines advancements affecting the financing and behavior of non-public damage claiming: the abolition of felony reduction for many own harm claims; the expanding use of conditional price agreements and after-the-event coverage; the meteoric upward push and imminent legislation of the claims administration undefined. lawsuits that Britain is a 'compensation tradition' agony an 'insurance trouble' are investigated. New information on tort claims are mentioned, offering clean insights into the evolution of the tort procedure which, regardless of fresh reforms, continues to be deeply wrong and ripe for radical reform.

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Sample text

But there are many ways of holding people accountable for their actions other than by making them pay compensation; and even if we accept that compensation for injuries caused by humans ought to be paid for by those who cause them, it does not follow that those injured and disabled by human causes should be treated more generously than those injured and disabled by natural causes. Nevertheless, if compensation for disabilities was paid by individuals, the argument based on personal responsibility might have some force.

In addition to questions of this kind, which arise from the practical operation of the tort system, many complex problems arise from the interrelation of the various systems of compensation operating simultaneously today. Should an injured person be compensated through one system or another? Should an injured person be allowed to collect compensation from more than one source? Should one compensation fund be entitled, having paid out compensation to an injured person, to recoupment from another fund?

An air raid came upon us, and I was conducted into their big tunnel, where quite large numbers of people lived permanently. When we came out after a quarter of an hour, we looked at the still-smoking damage. A small hotel had been hit. Nobody had been hurt, but the place had been reduced to a litter of crockery, utensils and splintered furniture. The proprietor, his wife and the cooks and waitresses were in tears. Where was their home? Where was their livelihood? Here is a privilege of power. I formed an immediate resolve.

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