Date: Mon, 14 May 2007 11:44

From: Ken Oliphant

Subject: Consultation paper on damages

Dear All

The DCA (now subsumed into the new Ministry of Justice) recently released a consultation paper on the law of damages.

It proposes:
1. Changes to the Fatal Accidents Act 1976, to increase the class of dependants and those who can claim bereavement damages.
2. Not to implement the Law Commission's proposal for a statutory list of qualifying relationships in psychiatric illness claims by secondary victims.
3. Reversing Hunt v Severs so that the claimant merely owes a personal obligation to account for gratuitous services rendered by a carer, and does not hold the damages on trust for the carer.
4. Not to implement the Law Commission's recommendations in its report on aggravated, exemplary and restitutionary damages, because case law has clarified issues since the Government announced in 1999 its acceptance of the recommendations.  

There's also discussion of collateral benefits, damages for the cost of private care, especially in the light of Sowden v Lodge, and damages for the cost of acquiring or adapting accommodation because of the Claimant's injury.

I've only had time to glance at the paper, but you can link to it here.

Best
Ken

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