Richard Zorza's an excellent and prolific blogger on access to justice in the US. He has highlighted an issue around settlement mills in personal injury cases. We'd call them factories. He's drawing on a paper by Nora Engstrom. Interestingly, there is much more of a debate in the US about settlement information than there is … Continue reading Time to collect settlement data for personal injury cases?
Compensation culture has been a frequently studied concept on this blog. As even Lord Young has been forced to admit, the concept is a pretty flakey one. He walked the compensation culture not real, fear of compensation culture real line. Compensation culture real or imagined is a rather nebulous idea but if we take Compensation … Continue reading Compensation Culture FactCheck In Perspective
I've typed the words compensation culture so many times that I think I may have given myself RSI (geddit?). Rather then type it whole lot of other times let me just link you to this article by an esteemed bunch of legal academics Simon Halliday, Jonathan Ilan and Colin Scott, investigating risk management in public … Continue reading Compensation Culture: Risk Aware, Not Risk Averse
The Government has like to claim that one of the reasons the legal aid reforms are necessary is that we are too litigious. This year's Judicial Statistics suggests the rather counterfactual nature of those claims. You can read the report here but the main findings taken verbatim from the report are set out below. For … Continue reading More evidence on our overly litigious society
The Green Paper on legal aid suggests that legal aid has encouraged too much litigation but provides no evidence to support that assertion. Having blogged already on this in the context of personal injury cases generally and specifically in relation to cases being brought against schools, and today on family cases. I have also summarised … Continue reading More litigious? Civil cases in County Court
The Green Paper on legal aid suggests that legal aid has encouraged too much litigation but provides no evidence to support that assertion. Having blogged already on this in the context of personal injury cases generally and specifically in relation to cases being brought against schools, I came across data on recent trends in the … Continue reading Are we getting more litigious in family cases?
Lord Young's report Common Sense and Common Safety is out. It speaks of a common sense approach to health and safety and takes the usual swings at greedy lawyers and claims management companies. Tempting as it is, I am not going to dissect the report line by line, instead I wanted to emphasise some points … Continue reading Some Common Sense on Compensation Culture
This week, compensation culture is ruining education in the Telegraph. With the story claiming there are 'as many as' 10 claims a week being paid about by local authorities, the story is of the usual compensation culture gone mad variety. Generally the injuries (where they are reported) are modest, though many are clearly burns and … Continue reading Compensation culture ‘gone mad’
My Modern Law Review Article on the impact of contingency fees is out, based on two of my previous reports on a telephone interviews with employment law specialists, and employment claimants as well as an analysis of available date on employment tribunals it shows that there has not, contrary to popular belief, been an explosion … Continue reading Contingency Fees: An American Future?