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

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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast provides an overview of indemnities and reverse indemnities in personal injury claims. It examines the recent case law developments and the policy and practical objections to indemnities.

Outcomes:
After completing the course you will:
  • Understand what indemnities and reverse indemnities entail Know when an indemnity might arise;
  • Understand whether a court can order indemnities;
  • Know the conclusions of the Master of the Rolls' Structured Settlements Working Party report;
  • Know the ruling in Iqbal v Whipps Cross University Hospital NHS Trust [2006];
  • Understand the approach to reverse indemnities outlined in Burton v Kingsbury [2007];
  • Understand the judicial reaction to Burton and the ruling in XXX v A Strategic Health Authority [2008];
  • Understand the Court of Appeal approach demonstrated in the case of Peters v East Midlands Strategic Health Authority [2009];
  • Understand the part local authorities play in indemnities and reverse indemnities;
  • Understand how the courts have dealt with this area namely in the case of Crofton v NHSLA [2007];
  • Know cases that have applied the the Crofton ruling;
  • Know the policy objections to indemnities;
  • Know the practical objections to indemnities;
  • Understand how the case of Peters v Nottingham Health Authority fit into this problematic area.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Support (General) Regulations 1987;
  • National Assistance Act 1948;
  • The Community Care, Services for Carers and Children's Services (Direct Payments) Guidance 2003;
  • Iqbal v Whipps Cross University Hospital NHS Trust [2006] EWHC 3111;
  • Burton v Kingsbury [2007] EWHC 2091 (QB);
  • Firth v Geo Akroyd Junior Ltd [2001] PIQR (Q4);
  • XXX v A Strategic Health Authority [2008] EWHC 2727 (QB);
  • Peters v East Midlands Strategic Health Authority [2009] EWCA Civ 145;
  • Crofton v NHSLA [2007] EWCA Civ 71;
  • National Assistance (Assessment of Resources) Regulations 1992;
  • Sowden v Lodge [2003] EWHC 588 (QB).

In this podcast we interview Sarah Fraser Butlin, a barrister from Cloisters Chambers, on the subject of indemnities and reverse indemnities. We discuss the key cases that have influenced the area include the rulings in Iqbal [2006], Burton [2007] and Peters [2009]. We also analyse the part played by local authorities in indemnities and the policy and practical objections to indemnities.

Podcast last reviewed: 28/06/2010

Podcast last reviewed: 2011-06-27

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