Podcast Location:
Download it here [file size: 21.5 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 aims to explain the legal and factual background the Pleural Plaques litigation. It reviews how the cases were argued and decided at first instance and in the Court of Appeal, before focusing on how the Law Lords approached the question of whether pleural plaques constituted actionable damage. It further aims to show how Page v Smith was distinguished regarding the foreseeability of psychiatric damage, and to suggest what ramifications the Pleural Plaques litigation will have for the future of asbestos claims more generally.

Outcomes:
After completing the course you will:
  • Understand the legal and factual background the Pleural Plaques litigation;
  • Know how the cases were argued and decided at first instance and in the Court of Appeal;
  • Understand the Law Lords approached the question of whether pleural plaques constituted actionable damage;
  • Know Page v Smith was distinguished regarding the foreseeability of psychiatric damage;
  • Understand ramifications of the Pleural Plaques litigation for the future of asbestos claims more generally.
Level:
Specialist Difficulty: 5 of 5
Sources and References:
  • In re Pleural Plaques [2007] UKHL 39;
  • Church v Ministry of Defence (1984) 134 NLJ 623;
  • Sykes v Ministry of Defence The Times, 23 March 1984 ;
  • Patterson v Ministry of Defence [1987] CLY 1194;
  • Gregg v Scott [2005] 2 AC 176;
  • Hicks v Chief Constable of the South Yorkshire Police [1992] 2 All ER 65;
  • Hatton v Sutherland [2002] ICR 61;
  • Barber v Somerset County Council [2004] 1 WLR 1089;
  • Page v Smith [1996] AC 155;
  • Michael Jones 'Liability for fear of future disease?' P.N. 2008, 24(1), 13-26.

This podcast reviews the judgments of the Law Lords in the Pleural Plaques litigation. It considers the background to the claims, how the cases progressed through the courts, what issues the House of Lords faced and the way the issues were decided. It examines the ramifications of the cases for asbestos claims more generally.

Podcast added: 20/08/2009

Podcast last reviewed: 2011-06-28

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