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Compensation Bill [HL]

On that note, because the courts’ judgments were drifting in a direction which the Tomlinson decision has changed or arrested, presumably it means that since then the courts have been free to drift again in a different direction if they so desire. Equally, another Appeal Court decision could reverse the Tomlinson decision. That could happen immediately if someone takes a case all the way to the House of Lords. There would be a different set of Law Lords—I know how much they differ, having listened to them in the Chamber—and who you get on the day determines the decision you will get. I remember that Lord Denning was renowned for some of his decisions and I am certain that some of the current noble and learned Lords are of equally independent thinking. I suspect that these decisions are not absolute and that it is for Parliament to send a strong message in a particular direction. That is what Part 1 is about. It is for Parliament to say that after much public debate it has decided that this is the way that society would like to see the law viewed. That should apply also to the House of Lords in dealing with another case similar to Tomlinson.