Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Negligence & 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:
  • a) £65+VAT for this CPDcast only
  • b) £299+VAT for unlimited access to all of our podcasts. details »
  • c) Discounts for multiple users - call +44 (0) 20 3377 3901 now to speak to our sales team
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 providing general common law practitioners and those with a particular emphasis on personal injury claims with an interesting summary of the specialist area of claims involving animals. It explains the contentious interpretation of the test for establishing liability in the case of non-dangerous animals through case analysis of the relevant authorities. The podcast also provides practitioners with a useful checklist for making out such a case.

Outcomes:
After completing the course you will:
  • Understand who the potential defendant is likely to be;
  • Understand what avenues of liability are open to the claimant;
  • Be aware of the distinction between dangerous and non-dangerous animals and the effect this has on the type of liability;
  • Have knowledge of the statutory and other defences available in an Animal Act claim.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Flack v Hudson, Hudson and Custance [2000] EWCA Civ 360;
  • Haimes v Watson [1980] RTR 90;
  • Animals Act 1971;
  • Occupier’s Liability Act 1957;
  • Occupier’s Liability Act 1984;
  • Rylands v Fletcher (1868) [1] LR 3 HL 330;
  • Cummings v Granger [1997] QB 397;
  • Breedon v Lampard CA 1985, unreported;
  • Mirvahedy v Henley [2003] UKHL 16;
  • Livingstone v Armstrong, Newcastle County Court 11th December 2003;
  • E (a child) v Townfoot Stables 3rd September 2003, reported in December / January edition of the Personal and Medical Injuries Law Letter;
  • Bowlt v Clark [2006] EWCA Civ 978;
  • Welsh v (1) Stokes (2) Stokes [2007] EWCA Civ 796;
  • McKenny & Anor v Foster (T/A Foster Partnership) [2008] EWCA Civ 173.

In this podcast, Giles Mooney, a barrister at 9 Gough Square, provides a useful overview of claims involving damage caused by animals. We discover the avenues open to potential claimants in personal injury claims involving animals, primarily under the Animals Act 1971. The CPDcast considers the distinction between dangerous and non-dangerous animals and takes us through the limbs of the test for establishing liability in the case of non-dangerous animals.

Podcast Added: 26/9/2008

Podcast last reviewed: 2011-06-27

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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