Report comment

"....In a provocative lecture to the Personal Injuries Bar Association, Sumption said the forensic process of attributing fault is ‘inherently biased’ in favour of the claimant, making it difficult to persuade a judge an injury was not the defendant’s fault. ...."

It perhaps was as he obviously had not read the contrary arguments in The Wrongs of Tort for example.

What he fails to understand is that Critics of his view would say that in view of light touch on 'omissions' and 'third party fault' , his proposition is questionable.

Add in to this the subjective bias towards Insurers and away form Claimant anyway and I wonder if he has read much academic based criticism and analysis on Tort.

Back to square one (in football terms) and Winfield and Jolowicz in Legal terms perchance Messr. Sumption?

PAB