A no-fault compensation scheme in which people would be automatically compensated by the state for medical accidents should be carefully considered, according to the most senior civil judge in England and Wales.
Lord Phillips of Worth Matravers, the Master of the Rolls, said today:
‘‘It is inevitable that people are going to be negligent sometimes and there are quite strong arguments for considering no-fault compensation.’’
The judge, who said he was horrified at the soaring cost of medical claims, referred to the system in France where claims against the state for medical negligence are handled under an administrative law scheme that is separate from the civil justice system.
He also told the newspaper he backed the scrapping of wigs in civil cases and a simple court gown for judges.
Wigs in criminal law de-personified both judge and lawyer and gave a degree of anonymity, and performed a useful function, but in civil law, he said: ‘‘I would like to see wigs go. But it must be done by consultation.’’