- Podcast Location:
- Download it here [file size: 25.3 MB]
- Law Categories:
-
Negligence/Personal Injury
- CPD Points:
- One Point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors and Barristers...
Regulated by the Solicitors Regulation Authority:
Listen and pass the test: Gain 1 accredited CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the test, gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £25 - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute accreditation test) - Streaming Audio:
- 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.
- 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.
- Accredited CPD Time:
- 30 minutes
- Level:
- Intermediate
- 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;
- 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.