The Young Report: An Australian Perspective on the Latest Response to Britain's 'Compensation Culture'
(2012) 28 Journal of Professional Negligence 4–26.
19 Pages Posted: 13 May 2014 Last revised: 6 Jun 2016
Date Written: May 1, 2014
This article addresses the Young Report, which is an important recent response to Britain's putative ‘compensation culture’. This report is examined with reference to the far-reaching reforms of tort law that occurred in Australia at the start of the twenty-first century. The analysis reveals that while there are certain similarities in the way in which tort law has been reformed in Australia and Britain, the reform experience in these jurisdictions has been quite different. The main difference is that attention in Britain has centred on the system of procedure by which tort law is administered whereas in Australia the focus has been on the substantive law, including the law governing the assessment of damages. A possible reason for this divergence has to do with differences in political ideology.
Keywords: Tort; reform; compensation culture; procedure; immunities; intoxication; illegality defence
JEL Classification: K13
Suggested Citation: Suggested Citation