Volume 1

Report / Royal Commission on Civil Liability and Compensation for Personal Injury.

  • Great Britain. Royal Commission on Civil Liability and Compensation for Personal Injury.
Date:
1978
Catalogue details

Licence: Open Government Licence

Credit: Report / Royal Commission on Civil Liability and Compensation for Personal Injury. Source: Wellcome Collection.

    386/568 (page 368)
    TORT AND THE ASSESSMENT OF DAMAGES We concluded that the action of tort, of which there are many criticisms, should nevertheless be retained. Liability in tort should remain a liability in negligence except where there are special reasons for imposing strict liability. We found special reasons for strict liability in respect of products, rail transport, volunteers for medical research, vaccine damage and things and operations involving exceptional risks. So far as possible, the principle of making full reparation for the loss suffered should be continued. Damages should continue to be awarded for pecuniary loss and non-pecuniary loss, but changes should be made in the method of assessment and in the method of payment. In particular tort damages should be reduced by taking into account the full amount of the social security benefits payable asa result of the injury, thus avoiding double compensation. The number of small claims should be reduced by imposing a threshold for damages for non-pecuniary loss. A system of periodic payments should be introduced for pecuniary loss caused by death or serious and lasting injury, although the parties should still be at liberty to settle a claim for an agreed lump sum. The method of calculating the loss when expressed as a lump sum should take fuller account of the effects of the plaintiff’s tax position and of inflation. Recommendations 1-71 WORK INJURIES We concluded that the industrial injuries scheme administered by DHSS should provide the basis for improved provision for those injured at work. Higher benefits should be paid for the first six months of incapacity or widowhood, followed by pensions calculated in the same way as in the new state pensions scheme, but in all cases at the improved levels that would accrue if contributions to the scheme had been paid for 20 years. Widowers should be treated in the same way as widows. The scheme should be extended to cover the self employed and to include commuting accidents. The conditions for compensation for occupational diseases should be less restrictive. The increased compensation costs should be met by employers. Recommendations 72-95 ROAD INJURIES We concluded that a no-fault compensation scheme should be introduced for injuries caused by motor vehicles, modelled on the scheme we recommend for work injuries with benefits at broadly the same level. Special provision should be made for children and non-earners, including housewives and retire- ment pensioners. The scheme should be administered by DHSS and should be financed by a levy on petrol. Recommendations 96~120