UK REMEDIES AND RESTITUTION Essay Example | Topics and Well Written Essays - 750 words

UK REMEDIES AND RESTITUTION - Essay Example serious litigants and habitual litigants would be discouraged and only genuine grievance would be catered to by the judiciary and in the process saving a lot of public money and precious judicial time that could be used somewhere else. Under Civil Law and specifically under the Tort of Negligence people rush to courts to sue the other party and seek compensation and off lately even the system has been encouraging it in a tacit manner. According to David Hooker, director of Claims at Norwich Union quoting the Institute of Actuaries (December 2002) figures said that every year  £10 billion in compensation claims is paid out. This ends up costing the average household  £500 per year. Bogus or excessive claims cost local authorities as much as  £117 million a year, according to the Commission for Architecture and the Built Environment. There has also been a 48% increase in the number of claims being handled by the NHSLA (National Health Service Litigation Authority). He further said that as of 31st March 2003 there were 19,580 live claims against trusts. There is inevitably also a corresponding increase in the estimated value of claims against trusts, which in the year to 31st March 2003 rose 12%.( http://www.prnewswire.co.uk/cgi/news/release?id=123184 ) The rough estimated cost that the NHS paid as compensation amount in 2001 was near about  £900m, to LEAs it was around  £200m, and to the Police Deptt /MoD around  £800m (Source: Actuarial Report - The Cost of Compensation). The compensation claims in the cases of medical negligence have especially seen a phenomenal rise over a number of years. There have been genuine claims too but a significant number of preposterous claims have landed a number of medical professionals in soup over things that could have been explained in medical terms. Under the head of negligence in Law of Torts, compensation awarded due to the negligence of the defendant is the most effective remedy. The case is different if it is a case of