Date: Thu, 3 Nov 2005 14:48:06

From: Robert Stevens

Subject: UK Compensation Bill Published

Jason wrote:

[In relation to] the remedial function of the judge, the social utility of the conduct should be strictly irrelevant.

So if I manufacture a cure for cancer with the side effect that it causes 1 in 10 people a migraine should I be treated in the same way as the manufacturer of bubble gum with the same side effect?

The mere fact that the (public) benefit of the defendant's conduct are greater than the costs to the claimant doesn't necessarily mean that there is no wrong. However, the utility of another's actions clearly has some bearing on the rights we have against them. Whether the social utility of someone's actions should be allowed to 'trump' our rights is another question.

Fortunately, it looks like Her Majesty's Government are not going to look at such difficult theoretical problems and are just going to leave it up to the judges.

Robert Stevens

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