Accident victims and tort claimants

Who actually makes tort claims and gets tort damages? How are these claims resolved? What proportion of people who could in theory make tort claims actually do so? In this chapter we investigate such important issues.

Cases reaching trial

According to the Pearson Commission, in 1974 some 2,203 cases of personal injury and death (less than 1% of the estimated number of tort claims) were actually tried in the courts of the whole of the UK. In England and Wales alone, the figure was 1,870. Of this figure of 1,870 cases reaching trial and receiving a full hearing, 1,169 were tried in the High Court, and 701 cases in the county courts. At the time these figures were compiled, personal injury and fatal accident cases constituted the overwhelming bulk of the work of the Queen's Bench Division. Indeed, the Pearson Commission estimated that nearly 80% of the work of this Division consisted of such actions. By contrast, personal injury actions formed a much smaller proportion of the business of county courts. This was still true in 1986 when, according to the Civil Justice Review, the number of personal injury trials completed was 1,400 in the High Court and 3,500 in county courts. As a result of subsequent reforms, the great majority of personal injury actions that reach court are now tried in county courts by circuit (senior) or district (junior) judges.