Abstract

THIS article examines the recent development of structured settlements in Britain against the longer Canadian experience of such awards of damages for personal injury. The comparison is particularly important given that many of the problems presently encountered in Britain have also been faced in Canada, where solutions have been found to some of the difficulties that can be caused. The Law Commission is presently examining the subject as part of its overall review of damages for personal injury, and it has issued a consultation paper on the subject.' The comparison is therefore particularly timely and apposite. With the assistance of the Canadian Department of External Affairs the author was able to spend several weeks in Canada reviewing the literature,2 interviewing academics, lawyers, insurers and, in particular, the brokers involved.3 The brokers interviewed arrange approximately 85 per cent of the structures in Canada. During the past few years the author

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