The anti-compensation culture

“Where does David Cameron get off having meetings with insurers and then having yet another crack at the compensation culture?” said TheVamp today.

“I know,” said OldSmoothie. “Every time he does it, I suddenly have a vision of my earnings being slashed down to nothing.”

“Thankfully the whole thing is like some sort of slippery fish that they can’t quite seem to grasp a hold of,” said HeadofChambers.

“At least for the moment,” said OldSmoothie.

“That’s not my point at all,” said TheVamp. “It’s that the whole thing seems completely one-sided at present and genuine claimants may well be deterred from seeking compensation.”

“Or worse, that they may even be prevented from claiming,” said TheBusker.

“It’s true. You never hear about anyone claiming the right to a fair trial in personal injury cases,” said BusyBody. “But that’s exactly what the government seems bent on destroying.”

“Oh, get real,” said UpTights. “We all know that fraud’s rife.”

“Though I usually prefer to call it exaggeration in front of the judge,” said TheCreep.

“That might be so,” said BusyBody. “But surely if there’s a problem with fraud the place to start is investment in policing and improving the investigations? Not in diddling with the whole system of justice?”

“It certainly has echoes of the way governments have undermined the right to a fair trial in criminal proceedings in the last few years,” said BusyBody.

“Getting less convictions?” said TheBusker. “Hmm, let’s get rid of the right to silence.”

“Juries being nobbled?” said TheVamp. “Hmm, well, let’s just get rid of the juries then.”

“Getting annoyed about fraudulent claims?” said BusyBody. “Let’s have a go at claims generally and the fraudulent ones should get caught in the net.”

“I have to say, though,” said TheBusker, ” that I love the suggestion that somehow a law could be introduced that treated cases differently if cars were travelling at less than 15mph. Just think of all the money we’d all make appealing that into non-existence. I mean, let’s start with the eggshell skull principle of taking your victim as you find them…”

“Yes, and then there’s the different weights and momentums of cars, lorries, even bicycles.”

“Not to mention the evidential difficulties of proving speed.”

“I do love the fact that the more they try and tackle the compensation culture, the more work they seem to make for us all,” said TheBusker.

“Maybe the idea of reform isn’t so bad after all,” said OldSmoothie, with a smile.

BabyBarista is a fictional account of a junior barrister written by Tim Kevan whose new novel is Law and Peace. For more information and to read past posts visit Cartoons by Alex Williams, author of 101 Ways to Leave the Law.

February 28, 2012 · Tim Kevan · Comments Closed
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