Podcast Location:
Download it here [file size: 28.7 MB]
Categories:
Personal Injury
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:

In this two part CPDcast series, Patrick Sadd, a barrister from Outer Temple Chambers, examines the key legal principles and caselaw that surrounds the controversial and emotive issue of valuing child abuse claims. In part one he examines the approach that should be taken when dealing with these cases and in part two he closely analyses the key cases that have made awards in child abuse cases in the past.

Outcomes:
After completing the course you will:
  • Know the core dilemma in this context and the remedies one would expect to see in such a claim;
  • Appreciate the conventional approach to personal injury claims;
  • Understand how this approach needs to be modified for child abuse claims;
  • Understand the importance of duration as a factor;
  • Know what the courts will be looking at in relation to pain, suffering and loss of amenity;
  • Appreciate how the courts have dealt with the issues of causation and apportionment;
  • Know what Lord Justice Ward declared in the case of Coxon v Flintshire;
  • Know what happened in the case of KR v Bryn Alyn;
  • Appreciate the useful sources for guidance in this area.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Procedural
Sources and References:
  • Coxon v Flintshire CC [2001] EWCA Civ 302;
  • KR & Others v Bryn Alyn [2003] EWCA 85;
  • Various Claimants v Leicestershire CC 1996;
  • A v Archbishop of B’ham & ors [2005] EWHC 1361;
  • C v D & anor [2006] EWHC 166;
  • Lawson v Glaves Smith [2006] EWHC;
  • Pierce v Doncaster MBC [2007] 2968;
  • MB v LB of Ealing & anor [2008] EWHC 1262;
  • AT,NT,ML,AK v Dulghieru [2008] EWHC 225;
  • Maga v Trustees of B’ham Archdiocese [2009] EWHC 780;
  • A v Archbishop of Birmingham [ 2005] EWCH 1361;
  • Richardson v Howie [2004] EWCA Civ 1127;
  • Appleton v. Garrett [1996] P.I.Q.R. P1;
  • Muuse v S S for Home Department [2010] EWCA Civ 453;
  • MB v LB of Ealing [2008] EWHC 1262;
  • Gray v Thames Trains [2009] UKHL 33.

This two part CPDcast series examines the key legal issues surrounding the valuation of claims involving child abuse. Part One examines how abuse claims should be approached, pain, suffering and loss of amenity in this context and how the courts have looked at causation and apportionment in this context. Part two examines key case law pertaining to child abuse claims in relation to physical and psychiatric injuries and loss of earnings.

Podcast last reviewed: 2012-07-30

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