Introduction

Abstract

In 1973–4 the Centre for Socio-Legal Studies began planning a group of interrelated projects, the broad aim of which was to examine the existing network of compensatory and supportive systems available to the injured, disabled and seriously ill. A major focus of the study was to assess the contribution of the legal system in awarding damages to those injured in accidents, in relation to the other forms of assistance in cash and kind provided by government agencies, local authorities and informal sources. A fundamental concern was the restrictive nature of the law of tort which will provide damages only to accident victims who can prove that their injury was caused by the negligence of another person, who is in a position to pay. A Royal Commission had been established in 1972 under Lord Pearson to investigate the operation of the tort system in relation to death and personal injuries, and the work of this Commission stimulated debate about the possibilities for reform in this area of the law, particularly in the light of radical changes which had been implemented in New Zealand (Woodhouse, 1967; Harris, 1974). Our research was designed not only to evaluate the operation of the tort system in relation to accident victims, but to look further at the whole range of support designed to alleviate the economic and social consequences of physical and mental impairment.