Podcast Location:
Download it here [file size: 50 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:

This CPDcast series aims to ensure that legal practitioners are familiar with fatal accident claims.

Outcomes:
After completing the course you will:
  • Understand the potential claims that can be brought in the event of a fatal accident and the legislative framework of such claims;
  • Know the categories of dependants under the Fatal Accidents Act 1976;
  • Be aware of the relevant case law;
  • Understand what a bereavement award is and the amount of the award;
  • Know the factors that need to be considered when looking at the question of whether there is a dependency;
  • Understand the relevance of the Human Rights Act 1998 in relation to fatal accident claims;
  • Be aware of the approach that the Court takes to lost services;
  • Know if a surviving parent can claim for their own loss.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Law Reform (Miscellaneous Provisions) Act 1934;
  • The Fatal Accidents Act 1976;
  • The Human Rights Act 1998;
  • Swift –v- Secretary of State for Justice [2013] EWCA Civ 193;
  • Taff Vale Railway -v- Jenkins [1913] 1 AC 1;
  • Stanley –v- Saddique [1991] 1 All ER 529;
  • Dalziel –v- Donald [2000] All ER (D) 1486;
  • Rabone & Anor –v- Pennine Care NHS Trust [2012] UKSC 2;
  • Corbett –v- Barking, Havering and Brentwood Health Authority [1991] 2 QB 408;
  • Knauer –v- Ministry of Justice [2014] EWHC 2553;
  • H –v- S [2002] EWCA Civ 792;
  • Spittle –v- Bunney [1988] 3 AER 1031;
  • Corbett –v- Barking Havering and Brentwood Health Authority [1991] 2 QB 408;
  • Mehmet –v- Perry [1977] 2 All ER 529;
  • Cresswell –v- Eaton [1991] 1 WLR 1113;
  • Martin and Browne –v- Grey (13 May 1998);
  • Batt –v- Highgate Private Hospital [2004] EWHC 707 (Ch).
Tags:

In this CPDcast series, Emily Formby, a barrister at 39 Essex Chambers, looks at fatal accident claims. Emily reviews the legislative framework of claims that are made as a result of a fatal accident, looking at a number of key legal concepts, the relevant case law and the different factors that need to be addressed when assessing quantum and damages.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 36:23

Date Recorded: 8th July 2015

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