The Young Report: An Australian Perspective on the Latest Response to Britain's 'Compensation Culture'

(2012) 28 Journal of Professional Negligence 4–26.​​

Oxford Legal Studies Research Paper No. 33/2014

19 Pages Posted: 13 May 2014 Last revised: 6 Jun 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: May 1, 2014

Abstract

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

Goudkamp, James, The Young Report: An Australian Perspective on the Latest Response to Britain's 'Compensation Culture' (May 1, 2014). (2012) 28 Journal of Professional Negligence 4–26.​​, Oxford Legal Studies Research Paper No. 33/2014, Available at SSRN: https://ssrn.com/abstract=2431611

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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