By the same authors

From the same journal

From the same journal

The public management of liability risks

Research output: Contribution to journalArticle

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The public management of liability risks. / Halliday, Simon; Ilan, Jonathan; Scott, Colin.

In: Oxford Journal of Legal Studies, Vol. 31, No. 3, gqr009, 09.2011, p. 527-550.

Research output: Contribution to journalArticle

Harvard

Halliday, S, Ilan, J & Scott, C 2011, 'The public management of liability risks', Oxford Journal of Legal Studies, vol. 31, no. 3, gqr009, pp. 527-550. https://doi.org/10.1093/ojls/gqr009

APA

Halliday, S., Ilan, J., & Scott, C. (2011). The public management of liability risks. Oxford Journal of Legal Studies, 31(3), 527-550. [gqr009]. https://doi.org/10.1093/ojls/gqr009

Vancouver

Halliday S, Ilan J, Scott C. The public management of liability risks. Oxford Journal of Legal Studies. 2011 Sep;31(3):527-550. gqr009. https://doi.org/10.1093/ojls/gqr009

Author

Halliday, Simon ; Ilan, Jonathan ; Scott, Colin. / The public management of liability risks. In: Oxford Journal of Legal Studies. 2011 ; Vol. 31, No. 3. pp. 527-550.

Bibtex - Download

@article{aba00cbd432346809c9fd9f81535ff8f,
title = "The public management of liability risks",
abstract = "Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organisations frequently advert to the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways: first, there is an anxiety that public authorities may over-react to liability risks by becoming excessively risk averse. Second, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Third, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse.",
keywords = "tort law, compensation culture, public administration, risk management, legal liability",
author = "Simon Halliday and Jonathan Ilan and Colin Scott",
note = "{\circledC} The Author 2011. Published by Oxford University Press. This is an author produced version of a paper published in Oxford Journal of Legal Studies. Uploaded in accordance with the publisher's self-archiving policy.",
year = "2011",
month = "9",
doi = "10.1093/ojls/gqr009",
language = "English",
volume = "31",
pages = "527--550",
journal = "Oxford Journal of Legal Studies",
issn = "0143-6503",
publisher = "Oxford University Press",
number = "3",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - The public management of liability risks

AU - Halliday, Simon

AU - Ilan, Jonathan

AU - Scott, Colin

N1 - © The Author 2011. Published by Oxford University Press. This is an author produced version of a paper published in Oxford Journal of Legal Studies. Uploaded in accordance with the publisher's self-archiving policy.

PY - 2011/9

Y1 - 2011/9

N2 - Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organisations frequently advert to the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways: first, there is an anxiety that public authorities may over-react to liability risks by becoming excessively risk averse. Second, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Third, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse.

AB - Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organisations frequently advert to the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways: first, there is an anxiety that public authorities may over-react to liability risks by becoming excessively risk averse. Second, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Third, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse.

KW - tort law

KW - compensation culture

KW - public administration

KW - risk management

KW - legal liability

UR - http://www.scopus.com/inward/record.url?scp=80052458556&partnerID=8YFLogxK

U2 - 10.1093/ojls/gqr009

DO - 10.1093/ojls/gqr009

M3 - Article

VL - 31

SP - 527

EP - 550

JO - Oxford Journal of Legal Studies

T2 - Oxford Journal of Legal Studies

JF - Oxford Journal of Legal Studies

SN - 0143-6503

IS - 3

M1 - gqr009

ER -