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Recent News

Common Sense, Common Safety

Thursday 4th November 2010

Lord Young's report on how best to tackle the compensation culture and how to reduce the burden of health and safety regulation, has now been published.

Lord Young's report is available for download from the Number 10 site here. Lawyers and insurers will find it interesting and perhaps even amusing.  It will be seen that Lord Young has written to the Solicitors Regulation Authority to voice his concerns about advertising in order to attract clients:

The general impression these advertisements create is that, no matter how trivial or unsubstantiated a claim for damages may be, there is a firm of lawyers ready and waiting to pursue it.The impact on business, particularly small and medium sized business, is considerable. Generally these businesses do not have the resources to take on firms of lawyers making damages claims and their associated legal costs. This results in businesses operating under the fear of litigation which in turn leads them to attempt to eliminate all risk in their approach to health and safety issues, which adds considerably to business costs.
I should be grateful if the Solicitors Regulation Authority could undertake a review of the Solicitors’ Code of Conduct to ensure that it is sufficiently tight to curtail such damaging activity.

And yet...

The broad consensus among stakeholders was that they did not believe there was a growing compensation culture in the UK. It is rather the public perception of one that stifles opportunities and leads business to take an overcautious attitude when attempting to interpret health and safety regulations in the workplace.

Perhaps of most interest in the report will be the encouragement to the Government to implement the findings of the Jackson Report on costs, and to consider applying the low-cost procedure that currently applies to road traffic claims to other personal injury claims, even to clinical negligence claims.

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