July 12, 2012
John Spencer writes for The Times on a key facet of personal injury law, the nature of pain and the recent Supreme Court's judgment on Fairclough Homes Ltd v Summers.
"There are so many complex variables when it comes to trauma that it is impossible to adopt a one-size-fits-all remedy. The Supreme Court's recent judgment in Fairclough Homes Ltd v Summers has been described as 'disappointing' to insurers. The ruling in the Summers case is being billed as a blow to the insurance industry’s fight against insurance fraud."
"But before the usual suspects clamber aboard the bandwagon and start lamenting Britain's 'compensation culture', it's worth taking a look at the facts of the case and generating debate about a key facet of personal injury law: the nature of pain."
Read the full article How 'pain' is seen by the law and insurers on The Times website (subscription required).