| The Compensation Bill |
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01/12/2006 Prior to the last election, the Government established an Action Group tasked with addressing both perceived and real concerns which attach to and surround the nature of a compensation culture in the United Kingdom. From this, three main objectives were identified: 1. The need for the strict regulation of Claim Management Companies which pro-actively encourage people to initiate claims 2. Clarification of the existing common law of negligence 3. Specific and direct assistance to facilitate and speed the recovery of damages for those people who have contracted mesothelioma through negligent exposure to asbestos. We at MSB believe it is trite, if not offensive, to refer to a "compensation culture" when we see on a daily basis, vulnerable clients who have been injured through no fault of their own and then suffer further insult at the hands of Claim Management Companies. Society today is certainly better informed as to its rights and the obligations of others but there have always been opportunists ready to seize upon another person's misfortune and with the regulation of claims management companies, society will now also be better served by receiving impartial and accurate advice, from qualified solicitors, as to the individual merits and flaws of any potential claim. Legislation can only change the law, however, not the attitude or perception of the people. That requires education, re-education even, and public awareness. It would be impossible to replicate 70 odd years of Common Law in a single statute but it can take steps to reassure the likes of volunteers and teachers. For example, when courts are considering what standard of care is reasonable in a claim for negligence or breach of statutory duty, they can take into account whether requiring particular steps to be taken to meet the standard of care would prevent or impede a desirable activity taking place. That is, subject to them assessing any potential hazards before, say, going on a school trip and then taking appropriate measures to prevent them happening, then they cannot be sued for a 'genuine accident.' In essence, the Government wants to ensure that normal, everyday, time honoured activities are not disallowed, prevented or abandoned because of a pervasive fear of litigation. With reference to the victims of mesothelioma; a form of lung cancer, the Act will allow them and their families to recover compensation to which they are entitled more quickly. It will ensure that those suffering from mesothelioma due to the negligence of a previous employer will be able to recover 100% of their compensation from any one employer. Prior to this, we were obliged to investigate each and every possible period of exposure to asbestos and then pursue each and every employer, many of whom were no longer in business. This delay often meant the claimant pre-deceased the successful conclusion of the claim which only further added to the distress of the families involved... All in all, these measures are far from complete but they are, hopefully, part of an evolving body of legislation designed for the common good which we, for one, applaud. |
