Podcast Location:
Download it here [file size: 19.4 MB]
Categories:
Personal Injury
Civil Procedure
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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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 is trying to explain the historical background to the Atomic Veterans litigation. It explains how the claim was brought and the nature of the defence. It details the issues raised in the High Court on limitation and strike out, explaining the way Foskett J. approached causation and the exercise of his discretion under s.33 Limitation Act 1980.

Outcomes:
After completing the course you will:
  • Understand the historical background to the Atomic Veterans litigation;
  • Know how the claim was brought and the nature of the defence;
  • Understand what issues were raised in the High Court on limitation and strike out;
  • Understand the way in which Foskett J. approached causation and the exercise of his discretion under s.33 Limitation Act 1980.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Procedural
Sources and References:
  • Limitation Act 1980;
  • Fatal Accidents Act 1976;
  • Law Reform (Miscellaneous Provisions) Act 1934;
  • AB & Others v Ministry of Defence [2009] EWHC 1225 (QB);
  • A v Hoare [2008] 1 AC 844;
  • Spargo v North Essex District Health Authority [1997] 8 Med LR 125;
  • Horton v Sadler [2007] 1 AC 307;
  • Cain v Francis [2008] EWCA Civ 1451;
  • Dale v British Coal Corporation [1992] PIQR, P373;
  • Hughes v Colin Richards & Co [2004] EWCA Civ 266;
  • Bailey v. Ministry of Defence & Another [2008] EWCA Civ 883;
  • Wilsher v Essex Area Health Authority [1988] AC 1074;
  • Fairchild v Glenhaven Funeral Services Ltd and others [2003] 1 AC 32.

This podcast gives an overview of the recent judgment on limitation and strike-out in the case of AB & Others v Ministry of Defence [2009] EWHC 1225 (QB) - the Atomic Veterans Litigation. The podcast examines the historical background to the claim, explains what the issues were for the court, and details how Foskett J. dealt with them.

Podcast added: 16/10/09

CURRENCY WARNING: This podcast is currently under review following the Court of Appeal's decision in Ministry of Defence v AB & Ors [2010] EWCA Civ 1317

Podcast last reviewed: 2011-08-30

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