Article by Christopher Sprague
English law in relation to personal injury and loss of life claims has developed along somewhat conservative lines, giving rise to wide differences between the levels of damages awarded in English and the United States. This Article seeks to consider these differences by examining the evolution of English law in this area, including the decline in the use of juries and the severe restrictions placed by the English courts on the award of exemplary damages. It deals with the areas where reform is being considered and examines the ways in which English law differs from American law it its approach to limitation of liability. It concludes by setting out the areas where differences in levels of damages are most pronounced and seeks to explain the reasons for these differences.
About the Author
Christopher Sprague. Partner, Ince & Co., London.
Citation
72 Tul. L. Rev. 975 (1997)