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.
‘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.
Original language | English |
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Pages (from-to) | 4-26 |
Journal | Journal of Professional Negligence |
Volume | 28 |
Publication status | Published - 2012 |
Externally published | Yes |