This collection of essays analyses the relationships between compensation culture, social values and tort damages for personal injuries. The essays will clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance; they will critically assess a range of actual and proposed tort reforms in light of how they advance or hinder those values. The role, or lack of role, of perceptions of compensation culture in such developments will also feature. Both substantive and procedural reform will be examined. Contributors from the UK, Australia, Ireland, Canada and continental Europe, including leading authors in the field of compensation culture, will provide a range of perspectives.
The collection stems from the papers delivered at the conference on Damages and Compensation Culture: Comparative Tort Law Reform in the 21st Century, hosted by the International Commercial and Economic Law Group at the School of Law, University of Limerick and supported by the Faculty of Arts, Humanities and Social Sciences, University of Limerick.
Edited by:
Eoin Quill,
Raymond J Friel
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 244mm,
Width: 169mm,
Weight: 804g
ISBN: 9781849467971
ISBN 10: 1849467978
Pages: 360
Publication Date: 17 November 2016
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
Part I: General Features of the Relationship between Damages and Compensation Culture 1. ‘The Whiplash Capital of the World’: Genealogy of a Compensation Myth Ken Oliphant 2. Structural Factors Affecting the Number and Cost of Personal Injury Claims in the Tort System Richard Lewis 3. A Reflexive Approach to Accident Law Reform Erik S Knutsen Part II: Damages Reform in Various Jurisdictions 4. Reforming English Tort Law: Lessons from Australia James Goudkamp 5. Non-Pecuniary Damages for Personal Injury: A Reflection on the Canadian Experience Jeff Berryman 6. Identifying and Calculating Personal Injury Damages in Ireland, Italy, France and Belgium: Recent Debates between Scholars, Judges and Practitioners Denise Amram Part III: The Process for Delivery of Damages 7. Deconstructing Policy on Costs and the Compensation Culture Annette Morris 8. Personal Injuries Assessment Board: A Decade of Delivery? Dorothea Dowling 9. An Overview of the Role of Medical Panels in Victorian Legislation Dr Carol A Newlands Part IV: Compensation and Personal Responsibility 10. Concurrent Fault at 90: A History of Ontario’s Negligence Act and Canada’s Uniform Contributory Fault Act John C Kleefeld 11. Individualism and Autonomy in Occupiers’ Liability and Compensation Culture Desmond Ryan 12. Compensation Culture and Sport Tim O’Connor
Eoin Quill is a lecturer at the School of Law in the University of Limerick. Raymond J Friel is a senior lecturer and Director of the International Commercial and Economic Law Group at the School of Law in the University of Limerick.
Reviews for Damages and Compensation Culture: Comparative Perspectives
Damages and Compensation Culture is a highly informative book, and one that tackles a topic that has so far attracted little academic attention... a valuable contribution to the ongoing public debate about compensation culture and the recoverability of damages for personal injuries. -- James Plunkett * Journal of Professional Negligence *
