fault based claims on negligence

• problem 1 - cost

  the proving of fault by the C may be difficult or costly and prevent C seeking a remedy

  • Evidence - The Legal Aid Sentencing Act removed certain types of claims from legal aid including personal injury, C needs to pay for court fees, experts and insurance
  • Evaluation - unfair for C, C can use a 'no win, no free' agreement to fund a claim provided by a solicitor, if they win, D pays cost
• Problem 2 - delays 


  C can experience delays in getting compensation

  • Evidence - D will be insured for accident claims, investigations through insurance companies take a very long time, if court proceedings are issues for C, the claim can take a long time to get to the trial
  • Evaluation - fair that insurance company is given time to investigate but not fair for C to wait for compensation when they have to pay medical expenses
• Reform

  a reform which could address both issues would be to introduce a state run benefit scheme, this would pay out compensation in a lump sum to all victims

  • Evidence - New Zealand have put a scheme into place, a range of benefits are paid out to victims
  • Evaluation - greatest benefit would be would be that benefits would be paid out to all those injured and disputes would be resolved quicker