No win no fee

[Denny Crane!]

Wednesday, 15 November, 2000, 11:14 GMT
Compensation culture: Who's to blame?



Accidents will happen, but increasingly someone has to pick up the tab. But are three-quarters of Britons wrong to support our growing "compensation culture"?
Bosses beware, the next time you forget to provide an employee with a reference it could land you with a lawsuit.

In the last financial year the number of disgruntled workers who resorted to legal actions jumped 32%. Employees started more than 164,000 actions in the year to 31 March, compared to 124,000 in the previous year.

In one example a woman picked up £195,000 after her employer "wrecked her job prospects" by refusing to supply a reference.

The startling leap in litigation has prompted a stiff response from the Confederation of British Industry. It says more should be done to discourage claims which have little chance of success but cost companies a fortune in legal fees.

Commentators say the sharp rise in tribunal hearings is evidence of a growing "compensation culture" in the UK.

Killer Michael Sams won £3,548 when he sued the prison authorities


According to research carried out last year for the right-wing Centre for Policy Studies (CPS), compensation claims cost Britain £6.8bn in 1998. The public sector alone pays out £1.8bn a year.

The study said more than one in seven people in the UK who suffer an injury requiring medical treatment take legal advice. In America the comparable figure is stable at about one in six. Britain is on course for usurping that figure.

Winning ways

Some 78% of Britons questioned in a new Mori poll said taking an employer to court over a personal injury was "socially and morally" acceptable.

The introduction of no-win, no-fee contracts for lawyers, an increase in the amount of individual awards, and tougher liability and employment laws are helping to fuel the boom.



What people often call bullying today, is what they used to call office politics

Dr Frank Furedi

Inevitably, some cases have caused derision in the media, such as that of a woman who sued Durex for £120,000 after she became pregnant because of a faulty condom. The case was dismissed.

It's good news for lawyers, but Dr Frank Furedi, author of the CPS report, Courting Mistrust, believes there will be an ultimate toll on society.

"It's not the money I care about so much as the suspicion and mistrust this sort of behaviour creates in the workplace and outside," he told BBC News Online.

A man sued after he failed to get a boiled sweet on a plane. He lost


"Doctors no longer say 'if I were you I would do such and such'. Instead they give patients a list of options. You don't get the sort of advice you would like because it might rebound on them."

Health is one of the main areas affected by compensation culture, along with employment and personal injury.

British travel agents are said to have an annual £1m fighting fund to deal with personal injury cases filed by holidaymakers.

Among cases they have had to defend is that of Jean Gratton, who sued Airtours after a coconut dropped on to her chest while she was reclining under a palm tree in the Dominican Republic.

Ad ban lifted

Eventually, Mrs Gratton, who said the accident could have been fatal, received £1,700 in an out-of-court settlement.

Dr Furedi said the principal trigger for the rise in compensation cases was the lifting of laws banning solicitors from advertising.

The holiday industry faces hundreds of claims each year


The result is some solicitors have gone on the offensive. For example, council tenants in some parts of the country have been leafleted by firms offering to take up claims for repairs that have not been carried out.

Another change in the law, to allow class actions - cases pursued by more than one litigant - has also contributed to the boom, said Dr Furedi.

But Patrick Allen, vice president of the Association of Personal Injury Lawyers, rejected claims of a compensation culture. People are simply claiming what is rightly theirs, he said.

"There has been no change in the law that allows frivolous claims. If someone has been injured - which must be proved in a personal injury case - as a result of someone else's fault, they are due compensation," he said.

Ambulance chasers

But it's not just lawyers who are getting a slice of the action. A new breed of unregulated personal injury claims assessors is emerging, with a reputation for "ambulance chasing" - ruthlessly pursuing possible claims.

These unqualified assessors operate outside the courts, usually firing off letters on behalf of clients. But this means they will often only win a fraction of the damages that might be awarded by a judge.

A report by the Lord Chancellor's office has recommended the government set up an awareness programme to alert the public to their work.

Dr Furedi thinks the clamour for compensation is going to get "worse" before it gets "better". After health and employment, he said, the next battleground will be education.
Search BBC News Online

On a similar theme in the lack of personal responsibility in our society. What caused this massive rise in lawsuits, it must be more than class actions and relaxation on advertising? How can it be stopped? Do we even want it to be stopped (I do), 75% of us do not apparently?

[Lusted]

I hate this whole blame culture, and the example of the woman sunig because a COCONUT fell on her is a prime example. People seem to be taking less and less responsibility themselves, for instance if i triped over a paving slab i would think "silly me, better look where im going" instead of "who can i sue to get money". The sooner we learn to accept that accidents happen, and we can make mistakes, the sooner this compensation culture disappears.

[boss1522]

I think it should be stopped aswell. Its just as bad in america. Like the old lady getting a million dollars for spilling hot coffee on herself. And claiming she didnt know it was hot, its common sense thats its hot ITS COFFEE. Who drinks cold coffee? Or what about the guy who broke into someones house and while climbing the window cut his hand on a knife(he can still use the hand), he sued her and took her house and everything she owned. And get this he didnt even get in trouble for breaking the house. How is that right? Where is the justice in that? It makes me sick. Obviously coffee is hot its supposed to be.

[Hodor]

I think it should be stopped aswell. Its just as bad in america. Like the old lady getting a million dollars for spilling hot coffee on herself. And claiming she didnt know it was hot, its common sense thats its hot ITS COFFEE. Who drinks cold coffee? Or what about the guy who broke into someones house and while climbing the window cut his hand on a knife(he can still use the hand), he sued her and took her house and everything she owned. And get this he didnt even get in trouble for breaking the house. How is that right? Where is the justice in that? It makes me sick. Obviously coffee is hot its supposed to be.

Don't you love Urban Legends and distorted facts?

[stop-3]

All power to the lady who sued the crappy fast-food joint that sold her superheated coffee but there again she was a dolt in buying off 'em anyways - pehaps people like her should be sued for giving monies to such crappy organisations by the saintly lawyers in the sky but they don't exist. Evil lawyers exist in mass profusion unfortunately.
The only people I have ever heard praising lawyers are crooks that got them off the hook. Otherwise they are hated by all who I have ever known that have had dealings with them. Unfortunately this strange sect (of lawyers) seem to have evolved great power for themselves over the ages and dominate society a great deal, to put it mildly.

[crazyj]

I think it should be stopped aswell. Its just as bad in america. Like the old lady getting a million dollars for spilling hot coffee on herself. And claiming she didnt know it was hot, its common sense thats its hot ITS COFFEE. Who drinks cold coffee? Or what about the guy who broke into someones house and while climbing the window cut his hand on a knife(he can still use the hand), he sued her and took her house and everything she owned. And get this he didnt even get in trouble for breaking the house. How is that right? Where is the justice in that? It makes me sick. Obviously coffee is hot its supposed to be.

Actually, in my Business Law class a few years back we studied that case, and it turns out McDonalds Edit: nice post Black Prince you took the words out of my mouth.

However, I agree with the main poster and with the gist of your argument. This is getting out of hand. I attribute it to communist/socialist/far left influences who have brainwashed people into believing that others owe them things. So, we don't see personal responsibility any more in those people, we see entitlement complexes and "you fix it for me" mentalities.

Take a good look at John Kerry's running mate, Edwards. A personal injury lawyer who specialized in babies with cerebral palsy whom he claimed would have been spared the affliction if only the doctors had immediately performed Caesarean sections.

As a result of such lawsuits, there are now more than four times as many Caesarean sections as there were in 1970. But curiously, there has been no change in the rate of babies born with cerebral palsy. As The New York Times reported: "Studies indicate that in most cases, the disorder is caused by fetal brain injury long before labor begins." All those Caesareans have, however, increased the mother's risk of death, hemorrhage, infection, pulmonary embolism and Mendelson's syndrome.

In addition, the "little guys" Edwards claims to represent are having a lot more trouble finding doctors to deliver their babies these days as obstetricians leave the practice rather than pay malpractice insurance in excess of $100,000 a year.

For someone who didn't care about the money, it's interesting that Edwards avoided cases in which the baby died during delivery. Evidently, jury awards average only about $500,000 when the babies die, and there is no disabled child to parade before the jury.

Edwards was one of the leading opponents of a bill in the North Carolina Legislature that would have established a fund for all babies born with cerebral palsy. So instead of all disabled babies in North Carolina being compensated equitably, only a few will win the jury lottery -- one-third of which will go to trial lawyers like Edwards, who insists he doesn't care about the money.

See what a crock this is? Stupid dupes are buying what trial lawyers, commies, and socialists feed them. People used to accept that the world was full of difficulties, now it seems only a few are left who are still willing to take responsibility for themselves.

[Garbarsardar]

Take a good look at John Kerry's running mate, Edwards. A personal injury lawyer who specialized in babies with cerebral palsy whom he claimed would have been spared the affliction if only the doctors had immediately performed Caesarean sections.

As a result of such lawsuits, there are now more than four times as many Caesarean sections as there were in 1970. But curiously, there has been no change in the rate of babies born with cerebral palsy. As The New York Times reported: "Studies indicate that in most cases, the disorder is caused by fetal brain injury long before labor begins." All those Caesareans have, however, increased the mother's risk of death, hemorrhage, infection, pulmonary embolism and Mendelson's syndrome.

In addition, the "little guys" Edwards claims to represent are having a lot more trouble finding doctors to deliver their babies these days as obstetricians leave the practice rather than pay malpractice insurance in excess of $100,000 a year.

For someone who didn't care about the money, it's interesting that Edwards avoided cases in which the baby died during delivery. Evidently, jury awards average only about $500,000 when the babies die, and there is no disabled child to parade before the jury.

Edwards was one of the leading opponents of a bill in the North Carolina Legislature that would have established a fund for all babies born with cerebral palsy. So instead of all disabled babies in North Carolina being compensated equitably, only a few will win the jury lottery -- one-third of which will go to trial lawyers like Edwards, who insists he doesn't care about the money.

I totally second what you say here. Not only it is a crooked way of practising the law but it is tainted by an extreme degree of hypocrisy and a casual disregard for human life.

I attribute it to communist/socialist/far left influences who have brainwashed people into believing that others owe them things. So, we don't see personal responsibility any more in those people, we see entitlement complexes and "you fix it for me" mentalities.

Stupid dupes are buying what trial lawyers, commies, and socialists feed them. People used to accept that the world was full of difficulties, now it seems only a few are left who are still willing to take responsibility for themselves.

However, injury lawyers hardly qualifiy as communists. On the contrary they are the embodiment of the capitalist/ venture/middle class spirit that values the acquisition of wealth more than any moral stance. Furthermore the private way to process and pursue judicial claims is another characteristic of capitalist society. The "state fund" which Edwards ofcourse feared is rather based on the Socialist ideas of welfare and community-based incentives.

Although the states that are known now as "Socialist States" were in fact cruel dictatorial regimes, the Socialist theory both in Europe and the US contributed to every single aspect of welfare policies.

What you could argue is that the failures in implementation and administration of these policies, contributed to this "liability culture". As you are aware, this culture is much more prominent in the US, which is much less of a "socialist" state and has been much less influenced by communist ideas then say France Sweden or Germany.

So if Commies and Socialists caused the problem that would be more prominent in any country BUT the US.
That is not the case so probably you have to revisit your statement.

[Shaun]

Well no win no fee is a good thing in a way, what about the poor working class man that earns £12 000 a year? What if he has an accident and it was his employers fault but they didnt pay? A solicitor cood cos thousands, and if you lose you wood still have to pay. Yes i know people abuse it by suing for such petty little things, but it can only be a good thing for the people who need it.

[David Deas]

Seems like everything went downhill ever since that lady sued McDonalds for the hot coffee.

[Last Roman]

"anything for a buck" seems to be todays motto

[Freddie]

"anything for a buck" seems to be todays motto

True. Whatever happened to taking responsibility for your own actions?

Now this isn’t meant as an anti American bash but lets face it this sort of stuff manifested itself in the states and we can partially blame some of this phenomenon on the Americans, but not all as we also have to take reasonability for this plaque that’s sweeping out judicial system.

[Yorkshireman]

I work in the bulding trade in Britain and the problem is becoming ever more manifest. As soon as someone cuts a finger the cry goes up "put a claim in". They never thought to just wear protective gloves! As a result of this though, the restrictions we work under are getting tighter and tighter, and so making our jobs harder and harder. This is down to the big construction companies, understandably, taking every available measure to protect themselves against personal injury claims. As a result of this contracts are taking longer to complete, so it's wasting more money all round. It all boils down to the fact that people are being encouraged to have no personsal responsibility anymore, everything now is someone else's fault and that someone is going to have to pay!

[the Black Prince]

its not toally as bad in the UK as the US though....

since 2004 the Law Lords have put into place tighhter precedent regarding compensation culture. the doctrine in UK law is that people must take reasonable responsibility for their own actions.

the McDonalds and Hot Coffee case is endlessly mentioned in these debates
to clear up the facts
the woman won the case because the coffee was at least 80 degrees according to doctors who treated her burns. because of that, the court ruled that McDonalds had served her a druink that was not fit for human consumption and awarded her the damages.

compensation culture will never gain such a big hold in the UK, because 1/ many brits have this attitude of shrugging minor stuff off, thats been sued for in america, and 2/ the courts are quashing and throwing out a bunch of ridiculous claims were the person had a chance to do something to prevent an injury, but didn't, li9ke not wearing preotected gloves as mentioned above...

finally, the government is slowly chnaging its stance on preventative measures, styarting with school trips. having got itself in a place where schools stop doing school trips because of accidents or high insurance premiums, the government is enacting new laws to swing the burden of responsibility as well.

my personal favourite statistic is that, if everyone in Manchester stopped suing Greater Manchester Council over loose paving stones, the council would actually have the money to repair them all!

[removeduser_426582376423734]

Anyone hear of the robber who sued the home owner, because as he was sneaking in through the roof above the kitchen, he landed on a knife.

[Tom Paine]

my personal favourite statistic is that, if everyone in Manchester stopped suing Greater Manchester Council over loose paving stones, the council would actually have the money to repair them all!

Yes, but if we don't sue the ******s, they don't do anything. The green-ink letters are ignored, and so on. They just don't act unless they are forced to.

[the Black Prince]

and if that was the UK i bet that got thrown out... its an even longer standing principle that you cannot profit from an illegal act...

[Ghoulem]

I believe the rise of compensation culture is connected to the decline in "**** happens"-stickers sales.

[Guderian]

"anything for a buck" seems to be todays motto

Well said Batman.