Problems Over Compensation? - Tort Law

In the context of the ongoing development of a compensation culture in this country thanks to the recognition of rights brought about by the implementation of the European Convention on Human Rights (‘ECHR’) 1950 into domestic law by the Human Rights Act (‘HRA’) 1998, it is to be appreciated that some decisions may be continued to be somewhat supercilious.

By way of illustration, there has been a lot of criticism received over Jebson v. Ministry of Defence [2000] 1 WLR 2055 (CA) involving the negligence of the army where a group of soldiers went out and all got drunk except for the driver who then drove them all back to their barracks. But some of the soldiers fell out of the lorry, and were injured and gained compensation.

Nevertheless, whilst it could easily be argued, quite rightly, that that was just bad luck, it is felt by some that there should still be some way for society to compensate anyone who suffers an injury, but whether that should be through the system of finding someone else to blame in such cases is something that is really to be doubted. This is because the idea of holding people to account for their actions leads to the promotion of defensive practice, particularly so that the next time, for example, a doctor will operate with greater caution, illustrated by the decision in Ratcliffe v. Plymouth & Torbay Health Authority [1998] Lloyd’s Rep Med 162, CA.

Back to Tort Law

order-now

Visitors have also looked at...

  • 1Law Essay Scams

    Essay writing scams can be hard to spot.
    Click here to find out how to avoid the essay scams

  • 2Essay writing in the press

    Find out what the press say about essay writing in the 21st century.

  • 3 Meet the Law Essays UK Team

    Find out more about the individuals that provide this first class essay writing service.