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Compensation Claims in the UK
The BBC recently polled its viewing public on the Human Rights Act and its relationship with what has been called a rising compensation culture in the UK. The results were somewhat candid but overall anticipated.
There is without question a growing compensation culture in the UK which has led to huge insurance premium increases. The exorbitant cost of insurance has made many activities cost prohibitive. The so-called compensation culture is effectively tearing down neighbourhood organisations because of the huge cost of insurance required to run even the smallest of community events.
The results of the poll also indicated that although some are in favour of the rise in compensation courts, so that rightful victims have their successful day in court; the same poll participants were quick to indicate that council and the government get a piece of the pie also; and should be held financially accountable when they fail to deliver an honest service.
It is the basic right of every resident to seek equality and justice through the courts. It is therefore the courts duty, and not those of politicians to decide on the merits of the case. Opinion seems strong that the Tony Blair government is attempting to preside over the legislature. All people should give deep consideration to what is right and just - and who can better serve all people, the government or the justice system.
One irate person stated, "Overall, the association to the Human Rights Act is drivel. It is not human rights that have borne the frequent and frivolous claims; it is the self-centred, self-serving culture that the Tories created for themselves back in the 1980's"
One citizen polled jeeringly commented: :"I am just about to sue the coffee industry. I spilled some when driving and it left a stain on my shirt. How dare they produce stain-making coffee? Oh yeah, it was hot too. They will pay for this!!!"
Claims are often based on a false basis and the actuality that there has to be gross carelessness as grounds for suit are being totally ignored. Additionally, the maxim "volenti non fit inuria" (no claim where the claimant has consented) is not being given due consideration.
An expatriate lawyer now living in the USA stated on the poll that he thought this was only the beginning and more suits were just a matter of time. Poll participants by and large felt that the society believes that 'nothing is anyone's fault anymore' and that the nation needs to go back to common sense tradition to make things right again.
This is long overdue, people must realise that with rights come responsibilities. The usual suspects are accusing the Tories of 'opportunism' as they seem to every time they have a decent idea. People should be responsible for their own actions. If you trip on a broken paving stone, you simply learn to be more careful. The courts need to be reserved for organisations and individuals who are held accountable for real safety breaches.
In all, the majority of the poll participants felt that David Davis was fair and reasonable to be concerned about the compensation culture but the group was split on whether the blame lied with the HRA. There isn't anything in the Human Rights Act that is not already present elsewhere in legislation. Simply put, those surveyed felt that all the HRA does is allow courts to preside over matters that would have previously been taken up in the Strasbourg courts.
Tony Blair's platform was rights and responsibilities. Fair enough. Unfortunately, a big part of society wants their rights preserved but are not willing to accept their responsibilities. Change is required that included stricter limits on what people can or cannot be compensated for and changes are required within the Human Rights Act, which in many cases protects criminals at the expense of the rest of society.
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