Mr. Paul Carty:

What Ms Dowling outlined would increase certainty. In a practical sense, however, we cannot be certain. We do not volunteer our money easily but one is left in a climate of fear and might not be confident of getting support in the courts were one brave enough to fight many cases. One would be playing with someone else's money. It is stacked against us.

I agree with the proposal outlined by Ms Dowling, as it would increase certainty. We need to be able to predict with reasonable certainty, having taken all of the facts into account as well as properly analysed medical reports, not just recitations of what clients have told doctors. One needs to use common sense when taking what actually occurred and its impact into account. One should then try to avoid any form of confrontation or litigation.

I am outlining the assessment-only cases. We are not here to dispute the facts. We have already agreed that an award is to be made. It is only a question of deciding how much and what is reasonable. This is the approach that we would like to adopt.