REPORT: proposals offer 'fairer justice system', says minister


The government is to consult on proposals to change the way damages are awarded to curb the development of a 'compensation culture'.



The Law on Damages report, published last week by the Department for Constitutional Affairs, is intended to underline its commitment to 'tackle perceptions that can lead to a disproportionate fear of litigation and risk-averse behaviour'.



'The aim of civil law should be to provide compensation for loss, not to punish the defendant,' the report says. Increasing transparency and tackling perceptions of a compensation culture were also cited as reasons for reform.



Civil justice minister Vera Baird said: 'The proposals in this paper aim to provide a fairer and clearer justice system for people making damages claims.'



The government is seeking views on proposals to amend the Fatal Accidents Act 1976 to extend the statutory list of dependants able to claim. A fixed sum of £5,000 in bereavement damages for each eligible child under the age of 18 is also suggested. Currently only parents and partners can claim for bereavement damages.



The paper also considers claims for the cost of private medical treatment and the current law on aggravated and restitutionary damages. It says the courts rather than legislation should continue to develop the law in claims for psychiatric illness.



Law Society President Fiona Woolf said: 'The Society has continuously lobbied hard for changes in the law which have the effect of providing a fairer and less complex system in relation to genuine claims for compensation.'



Anita Rice