Description
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number - over forty - of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
In light of the wide calls for reform of NHS medical negligence litigation within the UK and its replacement with a no-blame approach, this timely contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and will have a major impact on the field of personal injury redress.
About the Author
Sonia Macleod is a Researcher with the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford. Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Reviews
[T]his book is a genuinely useful resource for anyone interested in the question of whether there is a better way to deal with accidental injuries than a system predicated on fault... Perhaps this book will provide the impetus for a radical new look at the question of how we should compensate for accidents. -- Per Laleng, School of Law, University of Kent * European Journal of Health Law *
[T]his is a very useful contribution to our knowledge of compensation schemes and provides much-needed analysis at a time when traditional compensation systems are under increasing scrutiny. It is also to be commended for shining a light on schemes not necessarily familiar to common law scholars and for providing a useful resource for further discussion of alternatives to the court-based system of compensation. -- Ursula Connolly, National University of Ireland, Galway * The Irish Jurist *
The work gives profound insights and very detailed descriptions of the material conditions and procedures of the respective compensation systems. It is thus an extraordinarily exhaustive, legally, factually and socio-legally highly interesting foundation for any kind of discussion about compensation concepts. (Translated from the original German) -- Johannes Riedel * MedizinRecht *
Redress Schemes for Personal Injuries is a well-balanced description of compensation schemes from around the world. The book offers a comprehensive overview of a large number of existing compensation schemes, with a detailed description of their background and functioning. It is an informative, stimulating, and challenging book. -- Sebastian Peyer, University of East Anglia * Medical Law Review *
Book Information
ISBN 9781509916610
Author Sonia Macleod
Format Hardback
Page Count 736
Imprint Hart/Beck
Publisher Bloomsbury Publishing PLC
Weight(grams) 1385g
In light of the wide calls for reform of NHS medical negligence litigation within the UK and its replacement with a no-blame approach, this timely contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and will have a major impact on the field of personal injury redress.
About the Author
Sonia Macleod is a Researcher with the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford. Christopher Hodges is Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re/CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Reviews
[T]his book is a genuinely useful resource for anyone interested in the question of whether there is a better way to deal with accidental injuries than a system predicated on fault... Perhaps this book will provide the impetus for a radical new look at the question of how we should compensate for accidents. -- Per Laleng, School of Law, University of Kent * European Journal of Health Law *
[T]his is a very useful contribution to our knowledge of compensation schemes and provides much-needed analysis at a time when traditional compensation systems are under increasing scrutiny. It is also to be commended for shining a light on schemes not necessarily familiar to common law scholars and for providing a useful resource for further discussion of alternatives to the court-based system of compensation. -- Ursula Connolly, National University of Ireland, Galway * The Irish Jurist *
The work gives profound insights and very detailed descriptions of the material conditions and procedures of the respective compensation systems. It is thus an extraordinarily exhaustive, legally, factually and socio-legally highly interesting foundation for any kind of discussion about compensation concepts. (Translated from the original German) -- Johannes Riedel * MedizinRecht *
Redress Schemes for Personal Injuries is a well-balanced description of compensation schemes from around the world. The book offers a comprehensive overview of a large number of existing compensation schemes, with a detailed description of their background and functioning. It is an informative, stimulating, and challenging book. -- Sebastian Peyer, University of East Anglia * Medical Law Review *
Book Information
ISBN 9781509916610
Author Sonia Macleod
Format Hardback
Page Count 736
Imprint Hart/Beck
Publisher Bloomsbury Publishing PLC
Weight(grams) 1385g
