Tort law in practice: appearance and reality in reforming periodical payments of damages
Paying damages for personal injury in the form of a lump sum is again under attack. Almost twenty years ago the concept of a structured settlement was first used in the UK in order to provide continuing lifetime payments for seriously injured claimants. However, the idea was slow to develop. Proposals for a structure were easily defeated if either of the parties objected. To counter this, recent legislation has removed this veto: taking into account the needs of the claimant, a judge can make a periodical payments order even if it is against the wishes of both parties. 
 
This article looks at the impact of this reform upon the settlement system and the bargaining power of the parties. The relationship between the new legislative regime and that involving structured settlements is examined. The reform is set in its wider political and economic context. In particular, it is shown to be based, firstly, on an inadequate assessment of the problems caused to insurers, and secondly, on excessive concern about the impact of litigation upon National Health Service budgets. Deferring the full payment of damages to later years is politically attractive, and gives the state an interest in the form in which damages are paid. This was insufficiently acknowledged in the reasons given for the reform. There are sharp differences between the surface appearance of the legislation and the realities of practice.
A comparative study of fundamental rights in South Africa and Ireland with specific emphasis on human dignity
All material supplied by Trinity College Library is protected by copyright (under the Copyright and Related Rights Act, 2000 as amended) and other relevant Intellectual Property Rights. By accessing and using a Digitised Thesis from Trinity College Library you acknowledge that all Intellectual Property Rights in any Works supplied are the sole and exclusive property of the copyright and/or other I PR holder. Specific copyright holders may not be explicitly identified. Use of materials from other sources within a thesis should not be construed as a claim over them.
Blood Money, New Money and the Moral Economy of Tort Law in Action
This manuscript reports the results of a qualitative study of personal injury lawyers in Connecticut. Building on the results of an earlier study of lawyers in Florida (Transforming Punishment Into Compensation: In the Shadow of Punitive Damages, 1998 WIS. L. REV. 211), the study describes and explores the implications of professional norms and practices that govern tort settlement behavior. In particular, the study explores the moral and practical barriers to collecting "blood money" (money from individual defendants, as opposed to liability insurance companies), as well as the moral and practical explanations for victims' apparent ability to partially trump the claims of subrogating workers compensation and health insurance carriers. The results pose a challenge to the conventional understanding that tort law in action is a simpler, more streamlined version of tort law on the books. In addition, the results suggest that compensation and retribution concerns figure far more prominently in tort law in action than the deterrence concerns emphasized in much of the theoretical and doctrinal literature.