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Litigation Letter

Jackson on the indemnity principle

The report describes the indemnity principle as a creature of the common law. That sounds rather like the Beast of Bodmin Moor, no two descriptions of which were alike. Is it a malign animal which must be destroyed at all cost, or does it in fact preserve us from unspeakable ills to which we would otherwise be prey? Can it only be brought to a humane end by primary legislation or is it to continue to suffer death by the thousand cuts of statutory instruments and judicial decisions?

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