The Damages Lottery

Patrick Atiyah was formerly Professor of English Law at the University of Oxford.

Part 1: the law of negligence; strict liability; intentional torts; liability for how much?; who pays?; suing and settlements; legal aid and "no win, no fee" cases. Part 2: stretching the concept of fault; stretching the law where the defendant is not solely to blame; stretching the rules of causation; stretching the kinds of injury you can claim damages for. Part 3: stretching the damages which can be awarded; stretching the number of people you can sue; more stretching of the people you can sue - public authorities; has the stretching gone too far?. Part 4: claims for personal injuries; road accidents; industrial accidents. Part 5: the guilty parties do not pay; the public pays; the consequences of recognising that the public pay; the insurance companies; who pays in contractual cases?. Part 6: the law encourages the blame culture; the system is a lottery; the system is inefficient; how have we got into this mess?. Part 7: punishment and deterrence; economic considerations; public accountability. Part 8: a new look at the whole system of civil liability; personal injuries - some dead ends; the way ahead - road accidents; the way ahead - other accidents and injuries.