Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Negligence & Personal Injury
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast tries to explain the background to the Corby Group litigation and to detail how the case was put before Mr Justice Akenhead in the High Court. It then moves through the historical development of the law relating to foreseeability of damage and remoteness in tortious claims, examining the state of the law on different “kinds” of damage and foreseeable risks. It then evaluates the judge’s analysis of foreseeability in the Corby litigation, and described the reaction to the judgment and the outlook for the future.

Outcomes:
After completing the course you will:
  • Understand the background to the Corby Group litigation; Know how the case was put before Mr Justice Akenhead in the High Court;
  • Understand the historical development of the law relating to foreseeability of damage and remoteness in tortious claims;
  • Understand the state of the law on different “kinds” of damage and foreseeable risks;
  • Understand the judge’s analysis of foreseeability in the Corby litigation;
  • Know the reaction to the judgment and the outlook for the future.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Corby Group Litigation v Corby DC [2009] EWHC 1944 (TCC);;
  • Re Polemis [1921] 3 K.B. 560;
  • Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] A.C. 388;
  • Hughes v Lord Advocate [1963] A.C. 837;
  • Wisniewski v Central Manchester Health Authority [1998] Lloyd's Rep. Med. 223, CA;
  • Jolley v Sutton LBC [2000] 1 W.L.R. 1082;
  • The Trecarrell [1973] 1 Lloyd's Rep. 402 ;
  • Crossley v Rawlinson [1982] 1 W.L.R. 369;
  • Jeromson v Shell Tankers (UK) Ltd [2001] EWCA Civ 100;
  • Page v Smith [1996] A.C. 155;
  • Owens v Liverpool Corp. [1939] 1 K.B. 394;
  • Smith v Leech Brain & Co [1962] 2 Q.B. 405.

This podcast gives an overview of the recent High Court decision in the Corby Group Litigation, with particular emphasis on the law relating to foreseeability of damage in tort claims. It gives the background to the Corby dispute, and explains how the claim was brought. It then examines the authorities on remoteness of damage, before offering a critical evaluation of the judge's approach in the Corby case, and examining what points may be taken on appeal.

Latest Development: Agreement was reached on 15/04/10 over the level of compensation after mediation between the parties in this case. The families will share an undisclosed award.

Podcast last reviewed: 2011-07-25

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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