Does the Tort of Negligence Encourage a Compensation Culture in UK? An analysis With Regard to the Lord Jackson Report

By

ACKNOWLEDGEMENT

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DECLARATION

I, [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification.

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ABSTRACT



The purpose of this study is to critically examined whether the Tort Negligence encourage a compensation culture in United Kingdom. This research presents and discusses the theoretical review and available literature regarding how tort of negligence is associated with the compensation culture in the UK and how does it encourages a compensation culture. The study critically collates the theoretical review on tort of negligence and compensation by first understanding their fundamental notions. Researchers have shown that the existence of compensation culture is not possible without the tort of negligence, which provides the basis for compensatory litigation for the negligent actions. The prospective plaintiffs in United Kingdom are being encouraged to make use of the negligence act, to make up for the potential outcomes of the large damages that they have to bear . At one hand, there is no dearth of plaintiffs trying to seek benefit from the act and on the other hand, there are a number of genuine cases as well, which form the basis of justification of the act. Following this, the research collates and critically discuses the available literature on association between tort of negligence and compensation culture and critically presents the debate whether tort of negligence encourages a compensation culture. Recommendations are presented at the end of this research.

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 18

INTRODUCTION8

Background8

Issues Identified by Lord Jackson11

Cost Shifting11

Fixed Costs12

Management of Cost12

Reform of Procedural Rules12

Recoverability of Success Fees13

No Win No Fee13

Research Questions14

Statement of Problem14

Significance of the study15

Research Design15

CHAPTER 216

TORT OF NEGLIGENCE AND COMPENSATION CULTURE IN THE UK16

Understanding Tort of Negligence16

Understanding Compensation Culture19

Association between Tort of Negligence and Compensation Culture21

Chapter Summary23

CHAPTER 324

RELATIONSHIP BETWEEN COST SHIFTING COSTS (AKA LOSER PAYS) AND 'NO WIN NO FEE'24

Introduction24

Costs Shifting24

No Win No Fee Arrangements25

Relationship between Costs shifting and No win no free agreements27

The role of Media and Tort of Negligence29

CHAPTER 432

DISCUSSION32

What Impact Tort of Negligence has on compensation culture of UK?32

What Issues are catered in the Report of Lord Jackson?33

What is the One Way Cost Shifting and What Impact does it have on UK culture?33

What Is the Concept of 'No Win No Fee' In the System of UK?34

CHAPTER 536

CONCLUSION AND RECOMMENDATIONS36

Concluding Thoughts36

Recommendations for Future Research40

BIBLIOGRAPHY41

CHAPTER 1

INTRODUCTION

The study is regarding the tort of negligence law and its critics done by the Lord Jackson in his report, which was published in year 2010. It has been found that there are certain areas in the tort of negligence law which is containing ...