Podcast Location:
Download it here [file size: 20 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 podcast is aimed at personal injury practitioners interested in recent developments in the law relating to Expert Evidence in Road Traffic Accident Claims. It will set out the rules as they relate to the use of expert evidence before and after the issue of proceedings and how the new RTA claims process has changed these rules. It will also consider whether expert reports are still privileged following the case of Edwards-Tubb v JD Wetherspoon [2011] EWCA Civ 136 and some of the practical implications arising from this decision. It also sets out how both parties and the court should approach the use of expert evidence in Low Velocity Impact claims and consider whether experts will still be immune from civil action.

Outcomes:
After completing the course you will:
  • Be familiar with the rules as they relate to the use of expert evidence both in the protocol period and after the issue of proceedings;
  • Be aware of any changes to the rules following the introduction of the new RTA claims process;
  • Know how the case of Edwards-Tubb v JD Wetherspoon has impacted on the question of whether experts reports will be privileged if a party wishes to rely on evidence from a different expert;
  • Understand how the Court will approach the use of expert evidence in LVI claims;
  • Know what both parties need to do in respect of expert evidence in LVI claims and what the practical implications will be.;
  • Be aware of the consequences of the decision in Jones v Kaney on the question of experts immunity from civil action.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Armstrong v First York [2005] EWCA Civ 277;
  • Casey v Cartwright [2006] EWCA Civ 1280;
  • Edwards-Tubb v JD Wetherspoon [2011] EWCA Civ 136;
  • Jones v Kaney [2011] UKSC 13;
  • Kearsley v Klarfeld [2005] EWCA Civ 1510.

In this podcast Andrew Welch, a Partner at Stephensons Solicitors LLP discusses Expert Evidence in RTA Claims and recent changes in this area.

Podcast added: 16/08/11

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