Compensation Bill [HL]

That is a factor that the courts would and do take into account in individual cases, but its relevance is applicable in either particular circumstances or with particular groups of people. One could take a group of 45 year-olds or 50 year-olds, or even a group of noble Lords of a particular age—although some noble Lords are younger than that—and find that there were very different levels of experience, knowledge, abilities and so on, but the courts would find it very difficult to take that into account in all circumstances. In the current law, the courts can weigh up what has happened and take into account particular factors, of which age and disability of any kind can be part, as well as the information, support and advice that the individual participating in the activity had received. That is probably the best place to leave matters—where we are now—as it seems to work well.