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Compensation claims in danger

27 November 2008
Issue: 7347 / Categories: Legal News , Personal injury
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Personal injury

Personal injury lawyers have criticised Law Commission proposals they say will seriously undermine people’s right to compensation.

In a consultation paper that closed this month, the Law Commission set out plans which sought to balance “fairness to an aggrieved person with the need to promote “effective public administration”. However, the Association of Personal Injury Lawyers (APIL) says the plans could allow public bodies to get away with negligence.

Amada Stevens, APIL president, says the proposals are not justified by current circumstance.

“Liability against public bodies is not expanding and we can find no clear rationale to justify radical reform of the law in relation to public bodies,” she says.

Stevens continues:
“Negligence which results in injury or death causes the same devastation irrespective of whether the defendant is a private individual or a public body, and the negligence test should not be tougher for one than the other.”

She says that changes to the law would mean that even in cases where fault had been clearly established against public bodies it would no

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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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