Compensation Culture Case Study
The research on compensation culture by Hand has several implications for legal reform. He writes in his conclusion that using statistics and publishing and collecting data can be used to combat and oppose the misconceptions brought about by media claims. Several legal reforms on compensation culture have been proposed since 2010 when this article was written. These proposals have been outlined by Ministry of Justice Secretary Kenneth Clarke and in a report on reviewing litigation costs by Lord Justice Jackson. Clarke pointed out three ultimate goals that were to be achieved by these reforms. These are the reduction of excessive claims, settlement of more claims out of court, and where this was impossible, lowering the cost and anxiety associated with court settlements. The Association of British Insurers has compiled a publication of their Bill where they discuss …show more content…
William writes that this area of law is clouded with uncertainty, inconsistencies and little evidence of the allegation that claims are spiralling out of control. Nevertheless, the research done by Hand makes a contribution to the general area of compensation claims because he looks at a variety of areas like employment claims and does not limit his research to personal injury claims like writers of previous articles. Previous research on compensation culture has been one- sided by focusing on the existence of a compensation culture in personal injury only, for example Morris. Hand fills this gap by looking at other areas where compensation is relevant.
Since the article ‘The Compensation Culture: Cliché or Cause for Concern’ was written, it has been cited by two authors only. The first is Mancini et al who write a conference paper on accountability of the risk of dropping out of work due to illness or unemployment. The second is Paterson who has written a book on democracy. Although this article is fairly new, it could be used by writers who wish to undertake their own legal research on compensation culture.
In conclusion, it can be argued that although Hand has answered his research question and provided an article that contributes to compensation culture, the research done and the data used is limited and therefore causes problems with reliability and internal