Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Personal Injury
Consumer Law
CPD Points:
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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 Personal Injury Case Law Update podcast examines the apparent judicial backlash against the claim's culture and the recent travel case of Anderson v Lyotier [2008].

Outcomes:
After completing the course you will:
  • Understand the governmental response to the report written by the Better Regulation Task Force entitled "Better Routes to Redress";
  • Know the comments that Lord Falconer of Thornton, the Secretary of State for Constitutional Affairs and Lord Chancellor, made concerning the current compensation culture;
  • Know the facts of Tomlinson v Congleton Borough Council [2003];
  • Understand the influence of the Compensation Act 2006;
  • Know the facts of Cole v Davis-Gilbert (2007) and the eventual ruling of the Court of Appeal;
  • Understand the Court of Appeal ruling in Trustees of the Portsmouth Youth Activities Committee v Poppleton [2008];
  • Understand the key issues in Perry v Harris [2008];
  • Know the facts of Ahanonu v South East London and Kent Bus Company Limited [2008];
  • Appreciate whether these judgements are revolutionary enough to warrant the phrase 'judicial backlash';
  • Know the facts and points in issue in Anderson v Lyotier [2008];
  • Understand the case commentary pertaining to the case of Lyotier.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Cole v Davis-Gilbert [2007] EWCA Civ 396;
  • Ahanonu v South East London and Kent Bus Company Ltd [2008] EWCA Civ 274;
  • Trustees of the Portsmouth Youth Activities Committee v Poppleton [2008] EWCA Civ 646;
  • Perry v Harris [2008] EWCA Civ 907;
  • Tomlinson v Congleton Borough Council [2003] UKHL 47;
  • Hampstead Heath Winter Swimming Club v Corporation of London [2005] EWHC 713;
  • Compensation Act 2006;
  • Anderson v Lyotier [2008] EWHC 2790.

In this podcast we interview Sarah Fraser Butlin, a barrister from Cloisters, on the subject of the apparent judicial backlash against the claims culture. We discuss the political background to the recent case law and examine the cases of Cole v Davis-Gilbert [2007], Ahanonu v South East London and Kent Bus Company Ltd [2008], Trustees of the Portsmouth Youth Activities Committee v Poppleton [2008] and Perry Harris [2008]. Richard Campbell also discusses the recent travel case of Anderson v Lyotier [2008] and reviews the case commentary pertaining to it.

Podcast added 30/03/09

Podcast last reviewed: 2012-05-28

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