1. The Bill for Compensation Andrew Parker Head of Strategic Litigation Beachcroft Wansbroughs

2. Legacy Politics

3. The Arculus Report l From Better Routes to Redress (May 2004): l ‘It is a commonly held perception that the United Kingdom is in the grip of a “compensation culture” … It is this perception that causes the real problem.’ l ‘It has got to be right that people who have suffered an injustice through someone else’s negligence should be able to claim redress’ l ‘The case for prompt intervention through rehabilitation could not be better made.’

4. The Compensation Bill l To succeed and survive, the new Bill will need: l Broad public support l Broad party political support l The Bill should be characterised by: l Balance l Clarity l Common sense l A “joined up” approach l Progress on rehabilitation

5. The Government l Labour Party Manifesto, April 2005 l ‘Rights must be balanced by responsibilities … we will continue to bear down on abusive or frivolous claims’ l Tony Blair UCL Speech, 26 May 2005 l ‘Wherever possible, we want claims settled informally and quickly, without going to court’ l We cannot eliminate risk. We have to live with it, manage it. Sometimes we have to accept: no one is to blame’

6. Two Steps at a Time …? l The Compensation Bill will cover: l Regulation of “claims farmers” l Statutory definition of “reasonable care” l Parallel moves may include: l NHS Redress Bill l Legal Services Bill l Incapacity Benefit Reform Bill l An advertising standards clampdown? l Further legislation?

7. Advertising Standards?

8. Lessons from Australia?

9. Lessons from Australia l Civil Liability Act 2002 (NSW) l Apology not an admission l No liability for insignificant risks l No warning for obvious risks l Actual notice of highway defects

10. Lessons from Australia (2) l Civil Liability Act 2002 (NSW) l Damages threshold? l Limit on claims for gratuitous “care”? l Public authority’s resources? l 5% discount rate for future loss

11. Rehabilitation l Better Rehabilitation l Early access l NHS in front line l “Legal triage” l Fit for Work l Fit for Life l Good for people l Good for business

12. Coherent plan? l Rehabilitation l Responsibility l Best practice l Common sense l Sustainability l Consensus

13. ‘Money for claims doesn’t come from heaven. It comes from premiums.’ Charles Breitstadt, Nationwide Insurance (USA)

14. The Bill for Compensation Andrew Parker Head of Strategic Litigation Beachcroft Wansbroughs