Compensation Bill [HL]

Indeed, the courts can do that. One concern that I would have with the amendment, although I entirely accept the premise behind it, is that by codification—which is what the amendment would create—we would fix the law as it currently is, rather than recognising that it needs to develop. To go back to my original Clause 1 premise, we are not fixing things in time but enabling them to develop. So I would be concerned about that. But the courts can certainly take into account the factors that the noble Earl mentioned.