England and Wales: Tort Law Reform

Compensation Act 2006This Act applies to England and Wales only. The aim, amongst other things, was to allay the common misperceptions that might lead to a disproportionate fear of litigation. Such fears were leading to the cancellation or withdrawal of otherwise normal activities. It applies to the Occupiers’ Liability Acts 1957 and 1974 and to other Acts that impose a standard of reasonable care. Section 1 provides that, in dealing with a claim for negligence or breach of statutory duty, in determining whether there was a breach of a standard of care, the court may take into account that a requirement to take those steps might prevent an activity which is desirable from taking place (either at all, to a certain extent, or in a particular way). This in fact reflects the existing law.Section 2 provides that an apology, offer of treatment or other redress does not amount to an admission of negligence or breach of statutory duty.

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