Atiyah's Accidents, Compensation and the LawSince publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever. |
Contents
Preface | |
List of abbreviations | |
surveying | |
precautions | |
been imposed | |
and Distribution | |
needed to avoid harm 2 4 6 The function ofthe negligence | |
Causation and remoteness ofdamage | |
and death | |
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Common terms and phrases
accident victims action administrative amount andthe asa result assessment awarded bythe canbe causation caused cent CICS claimant common law compensation culture Compensation Scheme compensation systems conduct contributory negligence costof court Criminal Injuries Compensation death defendant Department for Transport deterrence disabled disease driver earnings earningsrelated effect employer example fault firstparty insurance harm ifthe impose income increased individual industrial injuries injured person instance inthe involved isnot itis liability insurance litigation medical negligence motor motorists national insurance nofault nonfeasance nonpecuniary loss ofthe onthe paid party Patrick Atiyah payable payments Pearson Commission Pearson Report personal injury personal injury claims premiums principle proportion reasonable recover reform responsibility risk road accident settlement social security benefits social security system statutory strict liability subrogation suffered thatthe theclaimant thecost thelaw tobe tort claims tort compensation tort damages tort law tort liability tort system tortfeasor totake tothe