Rod Evans kicked off his FOIL Presidency with a controversial question at the FOIL Conference following this year's AGM. Is it time to rethink full compensation? Having seen two recent very large damages awards in the cases of Cerys Edwards and Agnes Collier, both over £23m, as Rod noted, the gap between the haves and the have nots is getting bigger and something has to give.
Are these very large awards in line with that principle? Does restitution without regard to cost meet the needs of modern society? Does FOIL (and the insurance industry) believe that this is the way forward?
This paper evaluates the scale of the problem, outlines alternatives to the current system and compares European and American approaches to compensation.