ABSTRACT

Before considering the legal requirements for negligence, it is useful to discuss two issues which have impacted on tort law in recent times. First, the emergence of what has been referred to as a ‘compensation culture’, and secondly, the fi ndings of a review on civil litigation and costs (the Jackson Review). In relation to the former, in recent years it has been suggested that the UK is in the grip of a compensation culture in which claimants will sue for compensation at every possible opportunity and for any loss whatsoever. The media frequently report on cases being initiated for trips on village greens, black eyes from conkers, etc. The ‘blame and claim’ culture certainly impacts on the behaviour of businesses, which increasingly have to assess and manage risk as part of corporate strategy. It is argued that the development of such a culture encourages unwillingness on the part of individuals to take responsibility for their own actions and an increased burden on business to assess and manage risk. In 2004, the Better Regulation Task Force Report Better Routes to Redress (2004) played down the existence of a compensation culture. However, the report recognised that any ‘belief’ that all losses should be compensated created an expectation in individuals that they are somehow entitled to compensation. Accordingly, the fear of potential liability can lead people and organisations to avoid risk and be over-cautious, which can have a detrimental effect on business development and the management of risk. The implementation of the Compensation Act 2006 seeks to respond to such concerns and will be discussed during the section on breach of duty. In more recent times, a Review of Civil Litigation Costs (Jackson Review, 2010), led by Lord Justice Jackson, made a number of recommendations to reduce the costs of civil litigation. The recommendations of the report have sent shockwaves through the personal injury sector of legal services, with many arguing it will reduce access to civil justice as opposed to enhancing it. You will fi nd further reading on the Jackson Review at the end of this chapter.