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Tuesday
Sep122006

UK Tort Reform

The Compensation Act 2006  became law during the summer. The interesting sections, for me at least, are 1 and 2:

      1 ...   A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might-
      
       (a) prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or

       (b) discourage persons from undertaking functions in connection with a desirable activity.

      2 ...  An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty.
      

I have omitted the headings, but the above is otherwise the complete text of those sections. See the full statute here.     

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