BLB Solicitors
BLB Solicitors
  • Home
  • COVID-19 Hub
  • Services for You
    • Residential Property
    • Leasehold Property Rights
    • Property Dispute Resolution
    • Divorce and Family Law
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Personal Injury Compensation
    • Medical Negligence
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Company & Commercial
    • Estate Management
  • Locations
    • Almondsbury
    • Bath
    • Bristol
    • Bradford on Avon
    • Swindon
    • Trowbridge
  • About Us
    • Our Team
    • Working for BLB
    • How we work
    • Making Payments
    • Instructing BLB
    • Terms of Business
    • Complaints Policy
  • Blog
  • Contact Us
Medical Negligence Mar 1st, 2015

Repeal of the Law Reform (Personal Injuries) Act 1948

The Medical Defence Union (MDU) has recently renewed its proposal that a law dating back to 1948 be repealed. It also wants to see caps imposed on the level of damages awarded for future care.

Section 2(4) of the Act provides that :-

“In an action for damages for personal injuries….there shall be disregarded in determining the reasonableness of any expenses the possibility of avoiding those expenses or part of them by taking advantage of facilities available under the NHS.”

So what would be the consequences of a repeal?

Even if s2(4) of the Act were repealed a Court would still compare the quality of the proposed private provision and the proposed state provision. It would also have to consider to what extent the quality and extent of future state provision could be guaranteed. If a Claimant required 24 hour care within his or her home, what would the NHS provide? Would it provide suitable equipment, nursing care, transport etc? And would it guarantee to do so for the rest of the Claimant’s life?

To repeal the Act would allow any Defendant, including insured motorists, to avoid paying compensation by saying that of course the private provision is disproportionate because the Claimant can get the same provision for free through the NHS. That might lower the compensation awards but it would simply shift the burden from insurers to the state.

The MDU is not “the state” so repeal of the Act would be particularly advantageous to its members if not the taxpayer.

 

Image by SMLP under creative commons

David Gazzard
Make an Enquiry

Recent Stories

  • Assessing mental capacity during lockdown
  • Deed of Variation: changing a Will after death
  • What is the 7 year rule in Inheritance Tax?
  • Can a right of way be removed?
  • Charitable gifts and Inheritance Tax

Newsletter Sign-up

* indicates required

Share this article

You may also like...

  • Apr 1st, 2015
    The Blame Game
    Read Article
View All Related Articles

Get in-touch today

Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol

    0117 905 5308
  • Bath

    01225 462871
  • Bradford on Avon

    01225 866541
  • Swindon

    01793 615011
  • Trowbridge

    01225 755656
  • Almondsbury

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2021 BLB Solicitors | Terms | Privacy | Legal