The Association of Personal Injury Lawyers, (APIL) has issued a warning about proposals from the Law Commission to change negligence laws relating to public bodies. APIL claims the proposals will undermine the rights of injured people to seek compensation by making it tougher to prove negligence against public bodies such as the police or local councils.
The Law Commission’s proposals to overhaul current laws were outlined in July and include proposals to abolish the torts of Misfeasance in a Public Office and breach of statutory duty. The principle of joint and several liability, which allows people injured in accidents where there was more than 1 person or organisation responsible to sue one of these parties for the combined damages, may also be abandoned in cases against public bodies.
The Commission’s paper mentions a new principle that public bodies should only be liable where there has been a “serious fault” due to actions which “fall far below the standard expected of public bodies”. The President of APIL, Amanda Stevens, reacted strongly to the proposals, saying, “There is absolutely no justification for public bodies to be subject to a different law to everyone else. It is only right that those who cause negligence are held accountable, regardless of who they are and who they work for.”
For the last 25 years, Camps Solicitors has represented people who have been injured in accidents where a local authority or other public body was found to be to blame. Our solicitors keep abreast of all the latest legal developments relating to personal injury compensation claims so that they can continue to offer Camps’ clients the very highest standards of legal advice when making their personal injury claim. Local Authorities have a responsibility to everyone to ensure that everyone can use their services without the risk of an injury caused by someone else’s negligence. Therefore any moves to change the laws on liability will only make it harder for legitimately injured people to claim compensation for their injuries.
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