The ‘compensation culture' is a myth perpetuated by Parliament and we are all paying for it, says Michael Tennant
A court 'may' consider whether a particular activity is desirable or whether a person might be discouraged from taking part in an activity, in deciding whether or not a defendant is negligent. That is section 1 of the Compensation Act 2006. Plainly, this provision has done nothing to supplement or even clarify the law and it has achieved nothing. It was conceived as part of the answer to a perceived 'compensation culture' with a view to redressing some 'balance.'
Recently, a national newspaper trumpeted as 'an outbreak of common sense' a decision of the Court of Appeal upholding the dismissal of a personal injury claim. A hole in the ground had been repaired inadequately in circumstances for which the defendant was not responsible...
