Podcast Location:
Download it here [file size: 22.7 MB]
Categories:
Personal Injury
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)
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 CPDcast provides an overview of the key statutory provisions and cases pertaining to personal injuries caused by animals.

Outcomes:
After completing the course you will:
  • Know the definition of an animal's keeper;
  • Appreciate the problems arising from multiple keepers;
  • Understand how negligence was discussed in the case of Donaldson;
  • Know the facts of Haimes v Watson;
  • Understand how the courts have dealt with the unpredictable nature of animals;
  • Understand how the Animals Act 1971 differentiates between dangerous and non-dangerous animals;
  • Know the criteria for liability and how the courts have interpreted them;
  • Understand the key elements of the likelihood test, characteristic test and the knowledge test;
  • Know the key House of Lords ruling in Mirvahedy v Henley [2003];
  • Appreciate the possible implications of future government amendments to the act.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • Animals Act 1971;
  • Donaldson v Wilson [2004] EWCA Civ 123;
  • Haines v Watson [1980] RTR 90;
  • Jones v Whippey [2009] EWCA Civ 452;
  • Smith v Ainger, The Times, June 5 1990;
  • Mirvahedy v Henley [2003] UKHL;
  • E (a child) v Townfoot Stables 3rd Sept 2003;
  • Freeman v Higher Park Farm [2008] EWCA Civ 1185;
  • Cummings v Granger [1997] QV 397;
  • Breedon v Lampard CA 1985 unreported;
  • Livingstone v Armstrong 2003;
  • Bowlt v Clark [2006] EWCA civ 978;
  • Welsh v (1) Stokes (2) Stokes [2007] Civ 796;
  • McKenny & Anor v Foster (T/A Foster Partnership) [2008] EWCA Civ 173.

In this CPDcast Giles Mooney, a barrister from 9 Gough Square, discusses the personal injuries caused by animals. He examines the key statutory definitions laid out in the Animals Act 1971 and also the criteria for liability. He also discusses vital pieces of case law that have interpreted these provisions. Finally he analyses the potential amendments that might be made to the act.

Podcast last reviewed: 2011-10-31

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