Podcast Location:
Download it here [file size: 26 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 podcast is aimed at personal injury or clinical negligence. It aims to explore the distinguishing features of a fatal accident and the various regimes under which those left behind might claim some compensation. Part 1 will focus on bereavement awards, and the relevant qualifying criteria. It explores areas where the law might benefit from being reformed. It also aims to set out the parameters of a claim under the 1934 legislation for the benefit of the deceased’s estate. It also begins to look at the detailed qualifying criteria under the Fatal Accidents Act 1976.

Outcomes:
After completing the course you will:
  • Understand the purpose of the bereavement award and what it is supposed to compensate;
  • Know how much is the bereavement award is;
  • Know who is entitled to claim the bereavement award;
  • Understand the practical implications of having the potential claimants limited by a statutory list Know whether interest is payable on a bereavement award;
  • Understand the purpose and scope of claims under the Law Reform (Miscellaneous Provisions) Act 1934;
  • Understand the relevance of a finding of split liability between the deceased and the tortfeasor to the amount of a bereavement award;
  • Know whether there are any common items of loss that cannot be claimed under the 1934 Act;
  • Understand the scope for a claim for PSLA in a claim where the deceased may have died suddenly or even instantaneously;
  • Know what items of special damage can be claimed under the 1934 Act;
  • Know who can claim under the Fatal Accidents Act 1976;
  • Know what it means to be a ‘dependant’ of the deceased;
  • Know what kind of problems are caused by having these statutory lists of qualifying relationships and whether the law needs reform.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Fatal Accidents Act 1976;
  • Law Reform (Miscellaneous Provisions) Act 1934.
Tags:

This podcast is about personal injury or clinical negligence cases that result in death. It aims to explore the distinguishing features of a fatal accident and the various regimes under which those left behind might claim some compensation. It explores bereavement awards, claims under the Law Reform (Miscellaneous Provisions) Act 1934 and claims under the Fatal Accident Act 1976.

Podcast added: 09/03/12

N.B. This podcast was produced from materials kindly prepared by Emily Formby, a barrister at 39 Essex Street Chambers.

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