The modern debate about compensation culture is around a quarter of a century old. It is a debate that impacts on public policy making, most recently in respect of road traffic accident claims. As such it is important to understand the nature of the complaints being made by those who criticise the system. Unfortunately, it is not always clear what those criticisms are and, on occasions, different arguments seem to become conflated. This article seeks to analyse some of the main strands in that debate and will conclude that they do not always seem to stand up to scrutiny. In particular it will argue that one of the main lines of argument (that increasing propensity to claim is evidence of some sort of moral decline in society) is based on a mythologising of the concept of justice.
Keith Patten, ‘Compensation, culture, and the mythologising of justice’ (2020) 39(2) Civil Justice Quarterly 163-179.