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Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Negligence/Personal Injury
CPD Points:
Up to one 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 / ILEX:
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 ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
Standard rate: £45+VAT - Corporate users will pay less.
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course will provide an update for practitioners on two Court of Appeal decisions: Lawrence v Pembrokeshire County Council and Crofton v NHS Litigation Authority. It is aimed at practitioners of all levels either practising in the relevant areas or who have an interest in them.

Currency Warning: See below for details

Outcomes:
After completing the course you will:
  • Understand the recent Court of Appeal decision in Lawrence;
  • Understand the arguments of both sides in the case;
  • Understand the impact of the decision on future cases in related areas;
  • Understand the recent Court of Appeal decision in Crofton;
  • Understand the background to the decision and preceding cases;
  • Understand the Freeman v Lockett case and how it relates to the issue in Crofton.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Human Rights Act 1998;
  • Law Reform (Personal Injuries) Act 1948;
  • Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446;
  • D v East Berkshire Community NHS Trust [2005] 2 WLR 993;
  • Brooks v Commissioner of Metropolitan Police [2005] 1 WLR 1495;
  • Wainwright v Home Office [2004] 2 AC 406;
  • Van Colle and another v Chief Constable of the Hertfordshire Police [2007] EWCA Civ 325 CA Overruled: see below for details;
  • Crofton v NHS Litigation Authority [2007] 1 WLR 923;
  • Freeman v Lockett [2006] EWHC 102;
  • Sowden v Lodge [2004] [2005] 1 WLR 2129;
  • Godbold v Mahmood [2005] EWHC 1002 (QB);
  • Walton v Calderdale HA [2005] EWHC 1053 Civ;
  • Crofton v NHSLA: Something for Everyone – But No Real Practical Guidance by Stuart C. Brown (J.P.I. Law 2007, 2, 168 – 172).

In this podcast we examine these two recent Court of Appeal decisions. Lawrence revisits the issue in D v East Berkshire of whether a local authority owes a duty of care in negligence to parents when conducting child abuse investigations. It considers whether the position in D v East Berkshire that no duty is owed, remains the same for cases arising after the implementation of the Human Rights Act. We interview both Alastair Hammerton, who acted for the defendant local authority, and Robert Weir, who acted for the claimant in the case.

Crofton addresses the issue of whether direct payments by a local authority to a claimant should be taken into account when assessing a damages award in cases of catastrophic injury. We interview Stuart Brown QC about this case and related cases in the area.

Currency Warning: Van Colle v Chief Constable of Hertfordshire has been reversed by the House of Lords since recording. The decision is reported at [2008] UKHL 50; [2008] 3 W.L.R. 593. Podcast recorded 1/11/2007

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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