Grayling: law must protect everyday heroes
2 Jun 2014 11:51 AM
Good Samaritans and
community heroes will have the law on their side in future, Justice Secretary
Chris Grayling announced today.
The move is designed to bring
some common sense back to Britain’s health and safety
culture.
The government is taking action
to support the millions of people who volunteer and carry out good deeds every
year. An important part of this is to make sure they are not put off from
participating by worries about risk and liability if something goes
wrong.
It’s also bringing forward
measures that will put the law more clearly on the side of employers who do the
right thing to protect employees if something does go wrong through no fault of
their own.
Changes are being made to
counteract the growing perception that people risk being successfully sued if
they do something for the common good – like leading a school trip,
organising a village fete, clearing snow from a path in front of their home or
helping in an emergency situation.
The measures will also provide
greater protection to small business owners who face challenges from
irresponsible employees even if they have taken a responsible approach to
safety training and procedures.
To make sure everyday heroes are
protected, the law will be changed so that judges will have to give weight to 3
additional factors when deciding negligence cases.
They are:
- If the person was doing
something for ‘the benefit of society’ – to give weight to
the fact people were doing a good deed like volunteering, running an event or
trip, or helping out by clearing snow
- If they had been acting in a
‘generally responsible way’ – to make sure the court will
give consideration to the fact people may have taken care when organising an
activity but an accident has happened
- If they were ‘acting in
emergency’ – if they stepped in to help someone in danger but
something went wrong.
Justice Secretary Chris
Grayling:
I don’t want us to be a
society where people feel that they can’t do the right thing for fear of
breaking regulations or becoming liable if something goes wrong. I don’t
want us to be a society where a responsible employer gets the blame for someone
doing something stupid. I want a society where common sense is the order of the
day, and I believe this measure will help us get there.
The law changes will be made in
new legislation. They are expected to come into effect next
year.
Notes to
editors
- The proposed changes to the law
would make sure the courts take into account the context of an incident if a
negligence case is brought. They would not prohibit cases from being brought,
in order to ensure that people can still seek justice if they have fallen
victim to an accident caused by genuine negligence.
- The changes follow on from
ongoing work by the government to tackle the growth of compensation culture.
Major reforms have already begun to bring down high insurance premiums which
have been blamed for making it to expensive to run a car or organise an
event.
- The new law changes could have a
further impact on insurance premiums by reducing the amounts insurance
companies expect to make in payouts and allowing them to pass on savings to
their customers.
- In February 2012, the Prime
Minister David Cameron pledged action to tackle high insurance premiums
following a summit with the insurance industry, where insurers committed to
pass on savings to their customers.
Since then the Ministry of
Justice has:
- Transformed no win, no fee deals
so lawyers can no longer double their fees if they win, at the expense of
defendants and their insurers
- Banned “referral
fees” paid between lawyers, insurers, claims firms and others for
profitable claims – which have driven the growth of compensation
culture
- Reduced by more than half the
fees lawyers can charge insurers for processing basic, uncontested claims for
compensation for minor injuries suffered in road accidents – from
£1,200 to £500
- Banned claims management
companies from offering cash incentives or gifts to people who bring them
claims. Recommend a friend deals also banned, along with contracts agreed only
over the phone
- Changed the law so that
regulated companies which breach Claims Management Regulation Unit rules can be
fined (as well as the existing sanctions of being suspended of closed down). We
have recently consulted on the level of the fines – which are proposed at
up to 20 per cent of the annual turnover of companies - for offences including
using information gathered by unsolicited calls and texts, providing bad
services or wasting time and money by making spurious or unsubstantiated
claims. This will mean fines of hundreds of thousands of pounds, and
potentially millions in some cases
5.For further information please
call the Ministry of Justice press office on 020 3334 3536. Follow us
@MoJpress