The Heil v Rankin approach to law-making:who needs a legislature?

Campbell, Ian David (2016) The Heil v Rankin approach to law-making:who needs a legislature? Common Law World Review, 45 (4). pp. 340-365. ISSN 1473-7795

[img]
Preview
PDF (Heil_v_Rankin_final_)
Heil_v_Rankin_final_.pdf - Accepted Version
Available under License Creative Commons Attribution-NonCommercial.

Download (349kB)

Abstract

In a remarkably frank paper, Professor Andrew Burrows has shed some light on the process by which awards for non-pecuniary loss in personal injury cases were uplifted in Heil v Rankin, a process in which he played a leading role as a Law Commissioner. In apparent disregard of the criticisms to which this process has been subjected, Burrows regards it as an example of a valuable ‘methodology’ of common law law reform. These criticisms are reviewed in this paper and to them is added a criticism of the concept of ‘normal decision-making’ by the courts that is the basis of Burrows’ views. Heil v Rankin was far from normal decision-making, but in this it was merely of a piece with all awards of damages for non-pecuniary loss, for such damages have no grounding in the common law adjudication of awards of compensation. The further development in Simmons v Castle of the judicial legislation effected in Heil v Rankin is also considered.

Item Type: Journal Article
Journal or Publication Title: Common Law World Review
Additional Information: The final, definitive version of this article has been published in the Journal, Common Law World Review, 45 (4), 2016, © SAGE Publications Ltd, 2016 by SAGE Publications Ltd at the Common Law World Review page: http://clw.sagepub.com/ on SAGE Journals Online: http://online.sagepub.com/
Subjects:
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 83294
Deposited By: ep_importer_pure
Deposited On: 06 Dec 2016 11:56
Refereed?: Yes
Published?: Published
Last Modified: 16 Feb 2020 03:40
URI: https://eprints.lancs.ac.uk/id/eprint/83294

Actions (login required)

View Item View Item