§ Mr. Jannerasked the Attorney-General whether he has plans to introduce legislation to create no-fault liability in respect of actions for damages arising out of road traffic accidents.
§ The Attorney-GeneralThe Government have no plan to change the existing basis of liability in this way. Such a system would have considerable public expenditure implications and invidiously discriminate between accident victims depending on whether they were injured on the roads or elsewhere.
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§ Mr. Jannerasked the Attorney-General how many summonses and writs, respectively, have been issued claiming damages for negligence arising out of road traffic accidents during each of the last five years for which records are available.
§ The Attorney-GeneralI regret that this information is not kept separately for road traffic accidents.
§ Mr. Jannerasked the Attorney-General how many, and what percentage of actions claiming damages for road traffic accidents have been settled before reaching trial during each of the last five years for which records are available.
§ The Attorney-GeneralI regret that this information is not collected separately for road traffic accidents.
§ Mr. Jannerasked the Attorney-General what he estimates to be the minimum, the average and the maximum legal costs involved in a High Court action for damages arising out of a road traffic accident.
§ The Attorney-GeneralThe information requested is not available and could only be obtained at disproportionate cost.
§ Mr. Jannerasked the Attorney-General what he estimates to be the cost to litigants and to the public, respectively, for accidents of negligence arising out of road traffic accidents during the course of any one calendar year.
§ The Attorney-GeneralThe information requested is not available and could only be obtained at disproportionate cost.
§ Mr. Jannerasked the Attorney-General how many, and what percentage of claims, arising out of road traffic accidents which reach trial, succeeded; and how many, and what percentage, failed, respectively, during the last five years for which records are available.
§ The Attorney-GeneralFigures for the number of successful and unsuccessful claims for motor traffic accidents after reaching trial are only available for the High Court on an estimated basis, derived from a two-month sample, for 1985. In that year it is estimated that a trial began in 1,140 cases arising from personal injury actions "caused on the roads": in 910 (80 per cent.), judgment was given for the plaintiff; in 60 (5 per cent.) judgment was given for the defendant; 40 (4 per cent.) judgment was given for both; and in 130 cases (11 per cent.) the trial did not proceed to judgment.
§ Mr. Jannerasked the Attorney-General how long he estimates to be the minimum, the average and the maximum time taken between the date of an accident and the dates when a negligence action arising out of that accident is likely to reach trial in the county court or the High Court.
§ The Attorney-GeneralFigures are not available in this precise form. However, information collected on a sample basis during 1985 as part of the civil justice review suggests that the average time from incident to trial for all personal injury cases heard in the High Court is between 62 and 64 months, whilst for all personal injury cases heard in the county courts it is 35 months.
§ Mr. Jannerasked the Attorney General how long he estimates is the average time between the date of a 5W judgment for damages awarded to a successful plaintiff in an action for damages arising out of a road accident in a county court or in the High Court, respectively, and the date when the successful sufferer receives those damages.
§ The Attorney-GeneralThis information is not available, and could only be obtained at disproportionate cost.
§ Mr. Jannerasked the Attorney-General whether he will introduce a system whereby sufferers from road traffic accidents in respect whereof liability is admitted by the defendant will receive interim awards of damages, pending trial of their actions.
§ The Attorney-GeneralSuch a system is already provided by by RSC order 29, rule 10. No further system is in contemplation.
§ Mr. Jannerasked the Attorney-General whether he has carried out an inquiry into the effects of interim awards of damages to sufferers from road traffic accidents whose claims are admitted but in respect whereof the amount of damages is in dispute.
§ Mr. Jannerasked the Attorney-General how many, and what percentage of claims for damages arising out of road traffic accidents have been brought by pedestrians, drivers in vehicles and passengers in vehicles, respectively; and how many and what percentage of such claims have succeeded and have failed respectively.
§ The Attorney-GeneralThis information is not collected, and could only be obtained at disproportionate cost.
§ Mr. Jannerasked the Attorney-General whether he will conduct an inquiry into the accuracy of evidence concerning road traffic accidents, such evidence being given in court a lengthy period of time after the occurrence concerned; and if he will make a statement.
§ The Attorney-GeneralDelay in civil actions for personal injuries is one of the matters being considered by the civil justice review announced by the Lord Chancellor on 6 February 1985. It is difficult to see how an inquiry on the basis indicated by the hon. and learned Member could be mounted or yield conclusive results.
§ Mr. Jannerasked the Attorney-General if he will advise Her Majesty to establish a Royal Commission to inquire into the operation of the present system for claims for damages for road accident victims; and if he will make a statement.
§ The Attorney-GeneralThe Royal Commission on civil liability and compensation for personal injury (Cmnd. 7054-I) reported in March 1978. No further inquiry is warranted at this stage.
§ Mr. Jannerasked the Attorney General what information he has about the scope and operation in other countries of the no-fault liability provisions in the law concerning damages for negligence arising out of road traffic accidents; and if he will make a statement.
§ The Attorney-GeneralVolume 3 of the report of the Royal Commission on civil liability and compensation for personal injury (Cmnd. 7054-III) is devoted to an extensive survey of overseas systems of compensation for various injuries, including those sustained in road accidents.