Recovery of damages in tort - no profound changes were recommended but deduction from
damages for social security benefits received was recommended and this was subsequently implemented. There was a further recommendation for the introduction of
structured settlements but this was not implemented until 1 April 2005 and without the
inflation-proofing that the commission had recommended.
Work injuries - a no-fault insurance scheme administered by the
Department of Health and Social Security (DHSS), financed by employers and providing benefits at the level of the
State Earnings-Related Pension Scheme. The scheme was also proposed to extend to the
self-employed and injuries incurred during
commuting.
Road injuries - a no-fault insurance scheme administered by the DHSS, financed by a
levy on
petrol, estimated at 1p per
gallon (0.8p per
litre at 2003 prices)
Air transport,
Sea and inland waterways - the commission noted that this was largely constrained by
international conventions such as the
Warsaw Convention but regretted the low level of settlements allowed.
Rail transport - a no-fault scheme was rejected in favour of proposed strict liability for accidents arising from movement of
rolling stock.
Products liability - a no-fault scheme was rejected and the strict liability scheme drafted by the
Council of Europe and the
Commission of the European Union favoured. These European initiatives ultimately led to
European Community Directive 85/374/EEC and the
Consumer Protection Act 1987.
Services in general - retention of existing remedies for the tort of
negligence.
Medical injuries - a no-fault scheme was not recommended but the commission held that the New Zealand and
Sweden experience should be studied and reviewed. Strict liability for injury to human volunteers in
clinical trials was recommended. No such strict liability was introduced and subsequent volunteers often faced complex litigation as following the disastrous
TGN1412 trial in 2006.
Children - The commission proposed a general benefit for severely disabled children, no matter how their disability was caused, to be financed from general
taxation.
Vaccine damage - The commission proposed that this would be compensated by the general benefit for severely disabled children. Where
vaccination took place on the recommendation of the government, strict liability was proposed.
Ante-natal injury - The commission proposed that this would be compensated by the general benefit for severely disabled children and by strict liability such as it applied to
pharmaceuticals. The provisions of the
Congenital Disabilities (Civil Liability) Act 1976 should be restricted as it affected family members. '''Occupiers' liability''' - no change to law on
occupiers' liability save the introduction of the Law Commissions recommendations on liability to
trespassers which ultimately led to the
Occupiers' Liability Act 1984.
Criminal injuries - activities of
Criminal Injuries Compensation Authority endorsed and to be reviewed in the light of proposals for civil liability.
Animals - no change save for aligning
Scottish law with that of
England and Wales and
Northern Ireland.
Exceptional risks - strict liability on "controllers of things or operations that by their unusually hazardous nature require supervision because of their potential for causing death or personal injury." ==Reception==