Salvage Hunters - Classic Cars
Film, Media & TV1 min ago
Too Much Compensation?
24 Answers
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seems to me to be a tad excessive, wonder if legislators might consider a cap on compensation - but then again, probably not :D
seems to me to be a tad excessive, wonder if legislators might consider a cap on compensation - but then again, probably not :D
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Good old US of A. The land that invented PC and the compensation culture. They say that if America sneezes we catch the cold later.
That is why we have some Doris ringing us up and trying to persuade us we had a traffic accident last month and hospital follow up appointment cards have the details of some ambulance chasing sheister law firm printed on the back. No wonder the NHS struggles when they are sued at the drop of the hat.
That is why we have some Doris ringing us up and trying to persuade us we had a traffic accident last month and hospital follow up appointment cards have the details of some ambulance chasing sheister law firm printed on the back. No wonder the NHS struggles when they are sued at the drop of the hat.
It's clearly a ridiculous amount. In English law 'punitive damages' (or 'exemplary damages', as they're called here) can only be awarded in very limited circumstances, which wouldn't apply if a similar case came before the courts in England or Wales.
However (even though the sums can be much lower than in the USA) our courts do sometimes make some very silly awards. That's because, in cases before a jury, it's entirely up to the jury to determine what sum should be awarded. (The judge isn't allowed to guide them). So, back in 1991, William Roache was awarded £50k simply because The Sun referred to him as 'boring'! (If I'd been on that jury, I'd have suggested 50p as a more reasonable amount!)
However (even though the sums can be much lower than in the USA) our courts do sometimes make some very silly awards. That's because, in cases before a jury, it's entirely up to the jury to determine what sum should be awarded. (The judge isn't allowed to guide them). So, back in 1991, William Roache was awarded £50k simply because The Sun referred to him as 'boring'! (If I'd been on that jury, I'd have suggested 50p as a more reasonable amount!)
Most civil cases are heard before a judge, Tony, with no jury involved. In such cases it's up to the judge to decide (based upon 'the balance of probabilities') which side has the stronger case and, after listening to repesentations from the two parties involved (or their lawyers) to determine the amount to be awarded.
In the County Court (where civil cases are heard) a jury only sits in cases involving defamation, false imprisonment or malicious prosecution, or in any cases alleging fraud. Unlike in the Crown Court (where 12 people serve on a jury hearing criminal cases), there are only 8 people on a County Court jury.
In the County Court (where civil cases are heard) a jury only sits in cases involving defamation, false imprisonment or malicious prosecution, or in any cases alleging fraud. Unlike in the Crown Court (where 12 people serve on a jury hearing criminal cases), there are only 8 people on a County Court jury.
