The Compensation Culture: Cliché or Cause for Concern?

Hand, James

doi:10.1111/j.1467-6478.2010.00522.x

Cited by 10 publications

(3 citation statements)

References 1 publication

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“…47 Mapping of patterns of litigation also underpinned Hand's work countering claims of a 'compensation culture'. 48 Rather than statistically testing hypotheses, the author mapped the trends in press coverage and case statistics demonstrating a decline in claims. This exploratory form of analysis of publicly available datasets also underpinned the normative profiles of the 'critics' of the justice system developed by Hertogh.…”

Section: Glimmers Of Hope?mentioning

confidence: 99%

Where are the numbers? Challenging the barriers to quantitative socio‐legal scholarship in the United Kingdom

Cahill-O'Callaghan

Mulcahy

2022

Journal of Law and Society

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Legal scholars in the United Kingdom (UK) rarely adopt a quantitative approach to addressing socio-legal questions. Reasons for this are typically grounded in the nature of general education, legal education, and research training. In this article, we argue that an intellectual debate on capacity building needs to consider the conditions that have limited the production of quantitative work both within and beyond our discipline. This article draws on an empirical analysis of published socio-legal articles to understand the nature of quantitative scholarship and evidence an increasing body of work that reflects a flexible approach to data collection and analysis. Moving beyond the tribalism often associated with the qualitative/quantitative divide, we draw attention to the shift away from understandings of quantitative work as hypothesis testing towards those that are accepting of the importance of critical reflection and exploration of nuance. It is hoped that the article will prompt further discussion about capacity building to develop and sustain good-quality quantitative socio-legal scholarship in the UK.

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Section: Glimmers Of Hope?mentioning

confidence: 99%

Where are the numbers? Challenging the barriers to quantitative socio‐legal scholarship in the United Kingdom

Cahill-O'Callaghan

Mulcahy

2022

Journal of Law and Society

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“…In the UK, several studies have sought to assess the impact of the Woolf reforms (Fenn et al, 2009;Goriely et al, 2002;Zander, 2009); a second line of UK research has examined the impact of changes to cost and funding rules (Fenn and Rickman, 2011), and whether those changes have encouraged the development of what critics have termed a 'compensation culture' (Moorhead, 2010;Hand, 2010;Morris, 2007;Lewis et al, 2006). In the UK, several studies have sought to assess the impact of the Woolf reforms (Fenn et al, 2009;Goriely et al, 2002;Zander, 2009); a second line of UK research has examined the impact of changes to cost and funding rules (Fenn and Rickman, 2011), and whether those changes have encouraged the development of what critics have termed a 'compensation culture' (Moorhead, 2010;Hand, 2010;Morris, 2007;Lewis et al, 2006).…”

Section: Litigation Reformmentioning

confidence: 99%

Litigation

Kritzer¹

2015

International Encyclopedia of the Social &Amp; Behavioral Sciences

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Litigation is a highly structured process of dispute resolution that invokes the power of the state, or a contractually agreedupon private decision-maker, to provide a means to authoritatively adjudicate a dispute between two or more parties. Key theoretical issues for understanding litigation include rights, procedures, incentives, and uncertainty. Rights focus on who has access to litigation and under what circumstances; procedures deal with the processes employed in the litigation process (with a major distinction between adversarial and investigatory procedures); incentives turn on both what can be achieved through litigation and how the costs of employing litigation are determined and distributed; uncertainty reflects the strategic nature of litigation. The frequency of litigation varies among countries, but precise estimates of the quantity or rate of litigation are difficult to determine, due to differences in what is included and what is counted. Litigation is typically conducted through agents (lawyers) who have their own set of incentives. Litigants can be divided into one-shot and repeat players, with the latter enjoying a range of advantages reflecting resources, experience, and time horizon. Litigation procedures are frequently criticized as costly and slow; for these reasons, reform of those procedures occurs with some regularity.

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“…Consequently, a SAR Operator, volunteer or not, found to have treated or rescued a patient without consent, absent of a legal defence, faces civil liability or, in extreme cases, even criminal culpability. The supposed growth of "litigation culture" within the UK, combined with the challenging environment water presents, leaves volunteers in a uniquely difficult position not encountered by other elements of UKSAR (Hand, 2010).…”

Section: Introductionmentioning

confidence: 99%

Untitled

2019

JSAR

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For Search & Rescue Operators providing pre-hospital care and rescue within an aquatic environment, difficulties arise not only from the logistics of performing these interventions, but also obtaining consent from casualties. A great proportion of UKSAR operatives are volunteers, nevertheless, the law expects them to provide the same standard of care as a professional. Consequently, this high standard, combined with the proliferation of operations concerning mental health and the supposed "litigation culture", leaves these volunteers in a uniquely difficult position. This paper aims to provide a guide, for those operating in and around water, on law regarding consent, capacity and necessity in England & Wales.

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The Compensation Culture: Cliché or Cause for Concern?

Cited by 10 publications

References 1 publication

Where are the numbers? Challenging the barriers to quantitative socio‐legal scholarship in the United Kingdom

Where are the numbers? Challenging the barriers to quantitative socio‐legal scholarship in the United Kingdom

Litigation

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