A Critical Analysis Of The Uk 's Compensation Culture

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A critical analysis of the UK’s ‘Compensation Culture’
“Does UK law encourage people to ‘blame and claim’?”

Compensation culture is a culture where individuals try to get compensation for any loss, damage, or suffering caused by another individual. This commonly stretches to include incidents that have weak or insubstantial links between the claimant and defendant (Horsey and Rackley 2009). Lord Falconer the former Lord Chancellor defines compensation culture as
“…a catch-all expression… it’s the idea that for every accident someone is at fault. For every injury, someone to blame. And, perhaps most damaging, for every accident, there is someone to pay” (Lord Falconer, 2005). This essay will briefly explain negligence and its elements and will further critically analyse the UK compensation culture and discuss whether it exist, or whether it is a perception created by the media. This essay will further discuss whether the UK laws encourage people to blame and claim and what the UK law has done to prevent an increase in the compensation culture. The tort of negligence was established with the leading case of Donoghue v Stevenson (1932) . Donoghue got sick from having a drink in a café after finding a snail in the bottle. Around this time, there was no route for litigation due to no contractual association. The only contractual commitment was with Donoghue’s friend who bought the drink and the café owner. Lord Atkin quoted the Bible’s principle of
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