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We are delighted to introduce the first issue of PIBU Law Journal this month. With around 30 leading barristers along with a number of medical and health and safety experts on the writing team, its aim is to become the leading publication of its kind in the personal injury field. This will be helped by the fact that xpl Publishing will be publishing hardback copies of all the content every six months in official law journal format. Whilst this will be a subscription service, it will be available free for the first three months after which there will be a relatively small charge for those wishing to subscribe either to the online version alone or to receive copies of the hardback in addition.
This is an opportune time for the launch of a personal injury law journal with the Compensation Bill currently going through Parliament. In particular the spirit of the judgment in Tomlinson v Congleton Borough Council is now being enacted into law by allowing courts to be able to consider the wider social value of the activity in the context of which the injury or damage occurred. Whatever one’s views as to the rights or wrongs of such a move, it highlights the role of personal injury law in influencing how society approaches health and safety and in particular how it deals with risk. This is a debate which should move away from using cliches such as ‘compensation culture’ and instead address the issue head on.
Nobody likes it when someone is injured as a result of a risk which has been taken. However, the social consequences of promoting a culture of risk aversion can also prove unpopular. As Tacitus wrote “The desire for safety stands against every great and noble enterprise”. Where the balance is to be struck between the two extremes should be seen less in merely legalistic terms but also in the wider social context. Whether you are acting for Claimants or Defendants, it is to be hoped that the Compensation Bill will stimulate further debate on this topic.
In the meantime, it is hoped that this Law Journal will not only facilitate debate on the range of topics in this area but it will also assist the practitioner in approaching some of the more difficult issues.
Tim Kevan, Duncan McNair (Co-editors, PIBULJ)
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