Podcast Location:
Download it here [file size: 29.8 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to examine the law surrounding aggravated and exemplary damages in employment law and the key case law that has influenced the area.

Outcomes:
After completing the course you will:
  • Know when the Court of Appeal has felt aggravated damages are appropriate;
  • Understand what elements are likely to make an aggravated damages claim successful;
  • Know the practical steps a claimant should take when involved in an aggravated damages claim;
  • Appreciate that aggravated damages are reserved for exceptional cases;
  • Know what type of behaviour amounts to a claim for aggravated damages;
  • Appreciate the various levels of awards;
  • Understand what principles govern the quantification of such awards;
  • Know the facts of the case in Ministry of Defence v Fletcher and the subsequent ruling and reasoning Understand the judicial support for comparative analysis between employment law damages and personal injury damages;
  • Understand the significance of the caseof Armitage, Marston and HM Prison Service v Johnson [1997];
  • Understand the aim of exemplary damages and the relevant case law;
  • Know what happened in the case of AB v South West Water Services Ltd [1993];
  • Appreciate the ruling in the case of Kuddus v Chief Constable of Leicestershire Constabulary [2001];
  • Understand the possible levels of exemplary damages available.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Scott v Commissioners of Inland Revenue [2004] IRLR 713;
  • Ministry of Defence v Fletcher [2010] IRLR 25;
  • Armitage, Marston and HM Prison Service v Johnson [1997] IRLR 162;
  • Zaiwalla & Co v Walia [2002] IR LR 697;
  • Rookes v Barnard [1964] AC 1129;
  • Kuddus v Chief Constable of Leicestershire Constabulary [2002] 2 AC 122;
  • AB v South West Water Services Ltd [1993] 1 All ER 609;
  • City of Bradford Metropolitan Council v Arora [1991] IRLR 165;
  • Thompson v Metropolitan Police Commissioner [1998] QB 498;
  • Virgo Fidelis School v Boyle [2004] IRLR 268.

In this podcast, Timothy Brown, a barrister at 13 Kings Bench Walk discusses aggravated and exemplary damages in employment law. He examines what elements are likely to make an aggravated damages claim successful and the practical steps one should take. He also discusses the levels of awards and recent key caselaw including the case of Ministry of Defence v Fletcher. He also analyses the purpose of exemplary damages and the rulings that effect them.

Podcast last reviewed: 2012-04-02

Start this CPDcast Activity

© CPDcast.com