Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Personal Injury
CPD Points:
Up to 1 point. details »

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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:

The podcast discusses the recent cases of Bailey v Ministry of Defence [2008] EWCA Civ 883 and Williams v Jervis (2008) EWHC 2346 (QB) and they have influenced the personal injury areas of cumulative causes and subtle brain injuries.

Outcomes:
After completing the course you will:
  • Know the facts of the case Bailey v Ministry of Defence [2008] EWCA Civ 883;
  • Know the main issues of appeal in Bailey;
  • Know the Court of Appeal's ruling in Bailey; Understand the reasoning behind the ruling in Bailey;
  • Understand what amounts to a 'material contribution' through the eyes of the Court of Appeal;
  • Understand how Bailey can be distinguished from the other leading causation cases;
  • Know the facts of the case Williams v Jervis (2008) EWHC 2346 (QB);
  • Know the findings of the court in Williams;
  • Understand how the courts view subtle brain injuries;
  • Understand the importance of the behaviour of an expert witness.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Bailey v Ministry of Defence [2008] EWCA Civ 883;
  • Williams v Jervis (2008) EWHC 2346 (QB);
  • Bonnington Castings v Wardlaw [1956] AC 613;
  • McGhee v National Coal Board [1973] 1 WLR 1HL;
  • Wilsher v Essex AHA [1988] 1 AC 1074;
  • Hotson v East Berkshire HA [1987] 2 All ER 909;
  • Fairchild v Glenhaven Funeral Services [2002] UKHL 22;
  • Gregg v Scott [2005] UKHL 2;
  • Novartis Grimsby Ltd v Cookson [2007] EWCA Civ 1261;
  • “Contributing to the Risk of Confusion? Causation in the Court of Appeal” (2009) 125 Law Quarterly Review 44-49 Sarah Green;
  • Cumulative Cause Cases: a Modified But For Test? - Rosa Dickinson, PI Brief Update Law Journal, November 2008.
Tags:

In this CPDcast, Richard Campbell examines the recent case law that has effected the principles surrounding personal injury cases where there are cumulative causes to the injury and subtle brain injury. The two cases that are the focus of the podcast are Bailey v Ministry of Defence [2008] EWCA Civ 883 and Williams v Jervis (2008) EWHC 2346 (QB). The podcast examines the facts of the cases, the likely effect they will have on personal injury claims and where they fit into past rulings.

Podcast Added: 19/3/2009

Podcast last reviewed: 2011-06-28

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