Negligence A03

Question 1

What must a claimant prove to receive compensation in a negligence case?

Answer 1

The claimant must prove the defendant’s fault.

Question 2

What are the main problems caused by having to prove fault?

Answer 2

It leads to high costs, delays, and stressful confrontation.

Question 3

What type of evidence is usually required to prove fault?

Answer 3

Detailed evidence such as witnesses, expert opinions, and medical reports.

Question 4

Why does expert and medical evidence make negligence claims difficult?

Answer 4

Because it’s expensive and time-consuming to obtain.

Question 5

Who struggles most with the requirement to prove fault?

Answer 5

Claimants with limited financial resources

Question 6

What is the overall impact of the proof requirement in negligence claims?

Answer 6

It ensures fairness but makes the process costly and slow.

Question 7

What role does insurance play in personal injury claims?

Answer 7

Insurance ensures victims can be compensated if they can prove the defendant’s fault.

Question 8

Why do insurers often delay handling claims?

Answer 8

They receive many claims and carry out detailed investigations to confirm validity and prevent fraud, which causes delays.

Question 9

How do these delays affect claimants?

Answer 9

They can cause emotional and financial strain as claimants wait months or even years for resolution.

Question 10

What happens to delays if the case goes to court?

Answer 10

Delays increase because all evidence and documents must be formally prepared and submitted before trial.

Question 11

What are the time limits for bringing a claim?

Answer 11

Three years for personal injury and six years for property damage.

Question 12

What is the benefit of the fast track system?

Answer 12

It allows cases to be resolved more quickly, though not all cases qualify for it.

Question 13

What is the overall evaluation of the system?

Answer 13

Insurance provides reassurance of compensation, but the process is often slow, stressful, and draining for claimants.

Question 14

How has tort law mainly developed over time?

Answer 14

Tort law has mainly developed through judicial precedent, allowing flexibility and adaptation to new situations.

Question 15

What advantage does judicial precedent provide?

Answer 15

It ensures flexibility, consistency, and allows judges to adapt the law to new or unusual cases.

Question 16

Why are judges well-suited to develop tort law?

Answer 16

They have centuries of legal experience and can fill gaps left by Parliament when legislation is lacking.

Question 17

What is a criticism of judges developing tort law?

Answer 17

Judges are unelected and may lack the social or economic expertise to make broad policy decisions.

Question 18

Which key case shows judges making major policy choices in tort law?

Answer 18

Donoghue v Stevenson (1932), which established the modern duty of care principle.

Question 19

Why doesn’t Parliament often reform tort law?

Answer 19

Parliament rarely has time and usually gives tort law a low legislative priority.

Question 20

What can happen when Parliament does intervene in tort law?

Answer 20

Reforms can be unclear or rushed, as seen with the Compensation Act 2006.

Question 21

What is the overall evaluation of how tort law develops?

Answer 21

Judicial precedent ensures consistency and evolution, but there remains tension between judicial creativity and democratic law-making by Parliament.

Question 22

What do lawyers do in personal injury claims?

Answer 22

They help claimants gather evidence, prove fault, and negotiate settlements to avoid going to court.

Question 23

What happens if settlement negotiations fail?

Answer 23

The lawyer prepares legal documents, gathers witness statements, and presents the case in court — which increases delay and cost.

Question 24

What is the main benefit of the “no win, no fee” (conditional fee) arrangement?

Answer 24

It allows claimants to pursue cases without paying upfront legal costs, as the solicitor only gets paid if the case is successful.

Question 25

Who takes on the financial risk in a "no win, no fee" case?

Answer 25

The solicitor covers the costs until the case ends, taking on the financial risk.

Question 26

Why do claimants still face some costs under this system?

Answer 26

They must usually take out before-the-event or after-the-event insurance, which adds extra expense.

Question 27

What kind of cases do lawyers usually accept under this system?

Answer 27

Lawyers typically take cases with around a 75% chance of success to ensure they recover their costs.

Question 28

What is a disadvantage of this system for weaker claims?

Answer 28

Some genuine but lower-chance claims may never be taken on, limiting access to justice for certain claimants.

Question 29

What is the overall evaluation of lawyers’ role in personal injury claims?

Answer 29

Lawyers make the process accessible through “no win, no fee” agreements, but high success thresholds and extra insurance costs can exclude some claimants.