Podcast Location:
Download it here [file size: 27.7 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 aims to inform the listener how to construct a claim for an award, and to be able to advise as to the likely size of that award. It details the process of calculating the award, and informs the listener of exactly whom is entitled to such an award. It also aims to engage the listener in active criticism of the current regime.

Outcomes:
After completing the course you will:
  • Understand who is entitled to an award under the Fatal Accidents Act 1976;
  • Be able to advise as to the likely quantum of such an award;
  • Be aware of the principles underlying calculating such an award;
  • Understand the criticisms which have been levelled at the current regime;
  • Be aware of the relevant reform proposals.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Ogden Tables 5th and 6th editions Law Commission Consultation Paper, "Damages for Wrongful Death";
  • Fatal Accidents Act 1976;
  • Harris v Empress Motors Ltd [1983] 3 All ER 561;
  • Feay v Barnwell [1938] 1 All ER 31;
  • Coward v Comex Houlder Diving Ltd [1984] CA Transcript 622;
  • Betney v Rowland and Mallard [1992] CLY 1786;
  • Regan v Williamson [1976] 2 All ER 241;
  • Fletcher v A Train & Sons Ltd [2008] EWCA Civ 413;
  • Cookson v Knowles [1979] AC 556;
  • Cachia v Faluyi [2002] 1 All ER 192;
  • Arnup v M W White Ltd [2008] EWCA Civ 447;
  • Williams v Welsh Ambulance Services NHS Trust [2008] EWCA Civ 71;
  • O'Loughlin v Cape Distribution Ltd [2001] EWCA Civ 178;
  • Thompson v Arnold [2007] EWHC 1875.

This second part deals with the question of exactly what can be claimed under the Fatal Accidents Act 1976. It discusses how an award is quantified, and the problems with the current approach.

Podcast Added: 9/12/2008

Podcast last reviewed: 2011-08-30

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