DEPARTMENT FOR
CONSTITUTIONAL AFFAIRS News Release (046/07) issued by The
Government News Network on 4 May 2007
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).
http://www.dca.gov.uk