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The main reason claims escalated was because the industry took a short sighted view and settled claims without proper investigation - unsurprisingly, this encouraged claims, some of which turned out to be fraudulent (probably not very many). So now a fixed costs regime which may well discourage genuine claimants. The cost of genuine claims to the industry is a result of their negligence - if they took a bit more care to avoid food poisoning and the like, that would be a somewhat more effective way of containing costs, rather than prejudicing the genuine claimants.