Tort personal injury claims statistics: is there a compensation culture in the United Kingdom?
Lewis, Richard; Morris, Annette; Oliphant, Ken;
This article seeks to identify the most reliable sources of statistical information about the workings of the personal injury litigation system in the United Kingdom to present their principal data in clear, straightforward and accessible form, and to subject them to cr... View more
4 See Inbucon Management Consultants, Civil Justice Review: Study of Personal Injury Litigation, Lord Chancellor's Department, London, 1986, and Civil Justice Review, Report of the Review Body on Civil Justice, Cm 394, HMSO, London, 1988.
5 See, eg, F Furedi, Courting Mistrust: The Hidden Growth of a Culture of Litigation in Britain, Centre for Policy Studies, London, 1999. But cf E Lee et al, Compensation Crazy: Do We Blame and Claim Too Much? Hodder & Stoughton, London, 2002. For an account of how the media has exaggerated the number and cost of tort claims in the USA, see W Haltom and M McCann, Distorting the Law: Politics, Media, and the Litigation Crisis, University of Chicago Press, Chicago, 2004, and for similar concerns in the context of clinical negligence see T Baker, The Medical Malpractice Myth, University of Chicago Press, Chicago, 2005. For further analysis see Williams, above n 1 and A Morris, 'Spiralling or Stabilising? The Compensation Culture and Our Propensity to Claim Damages for Personal Injury' (forthcoming).
7 The Unit was established by the Social Security Act 1989 and administers the scheme now provided for by the Social Security (Recovery of Benefits) Act 1997.
11 London International Insurance and Reinsurance Market Association (LIRMA), UK Bodily Injury Awards Study, LIRMA, London, 1997, International Underwriting Association of London (IUAL), Second UK Bodily Injury Awards Study, IUAL, London, 1999), and IUAL, Third UK Bodily Injury Awards Study, IUAL, London, 2003.
13 National Audit Office, Handling Clinical Negligence Claims, HC 403, Session 2000-2001, The Stationery Office, London, 2001, and Department of Health, Making Amends: A consultation paper setting out proposals for reforming the approach to clinical negligence in the NHS (A report by the Chief Medical Officer), Department of Health Publications, London, 2003.
14 See C Ham, R Dingwall, P Fenn and D Harris, Medical Negligence: Compensation and Accountability, King's Fund Institute, London, 1988; P Fenn, D Hermans and R Dingwall, 'Estimating the cost of compensating victims of medical negligence' (1994) 309 BMJ 389, and P Fenn, S Diacon, A Gray, R Hodges, N Rickman, 'Current cost of medical negligence in NHS hospitals: analysis of claims database' (2000) 320 BMJ 1567. The earlier research, and more recent NHSLA data, are considered further in P Fenn, A Gray and N Rickman, 'The Economics of Clinical Negligence Reform in England' (2004) 114 The Economic Journal F272.
17 Fenn, Hermans and Dingwall, above n 14.
18 J Kennedy, Hansard HC vol 435 col 1342W (27 June 2005) and col 1501W (28 June 2005)
19 NHSLA, Report and Accounts 2005, HC 149, The Stationery Office, London, 2005, p 13. 13
28 Fenn, Diacon et al, above n 14, P Fenn, 'Counting the Cost of Medical Negligence' (2002) 325 BMJ 233, and Fenn, Grey and Rickman above n 14, and D Marshall, 'Dressing Up The Figures?' (2002) 152 NLJ 1632.