Ministry of Justice
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Government asks for views on changes to law on damages
A consultation paper proposing changes to parts of the civil law on damages was published today by the Department for Constitutional Affairs.
The paper considers a number of measures, including enabling a wider range of people to claim damages when someone dies in an accident as a result of another person's negligence.
Vera Baird QC MP, Minister for Civil Justice, said:
"The
proposals in this paper aim to provide a fairer and clearer
justice system for people making damages claims. People with valid
claims should receive fair compensation for any injury or loss
they have suffered, and the person found to be in the wrong should
pay the full cost of their actions - not the injured person or the taxpayer".
The consultation paper considers issues arising from a number of Law Commission reports. These include recommendations for changes to the Fatal Accidents Act 1976 to extend the categories of people who would be eligible to claim damages for bereavement, and as dependants of the person who had died.
The paper also seeks views on the principles surrounding the ability of people injured to claim damages for the cost of private medical treatment, and on the relationship between public and private provision of care and accommodation services.
In addition, it considers the law on claims for psychiatric illness and proposes to allow the courts to continue to develop the law in this area rather than introduce legislation. Other areas considered in the paper are the law on aggravated and restitutionary damages; and the treatment in damages awards of collateral benefits, gratuitous care and services, and accommodation expenses.
Notes to Editors
1. The consultation period will end on 27 July 2007. A copy of the paper is available at: http://www.dca.gov.uk/publications.htm
2. The Law Commission reports discussed in the consultation paper are Claims for Wrongful Death;(no 263) Liability for Psychiatric Illness (no 249); Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits (no 262); and Aggravated, Exemplary and Restitutionary Damages (no 247).
