Podcast Location:
Download it here [file size: 40.4 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)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Most would agree that the approach of the courts to the recoverability of damages for what lawyers describe as “nervous shock” is in a mess. In this CPDcast, Andrew Hogarth QC, Head of Chambers from 12 King’s Bench Walk provides reasoning as to why this area of law is in a mess and some recent examples of how the courts are trying to ensure that the classes of claims which they consider to be meritorious succeed and those which they consider unmeritorious fail. He explains the distinction between primary victims and secondary victims and the criteria which need to be met for a victim to be recognised as a secondary victim.

Outcomes:
After completing the course you will:
  • Know the distinction between primary victims and secondary victims;
  • Have considered some recent examples of the courts' approach to the recoverability of damages for what lawyers describe as “nervous shock”;
  • Know the criteria which need to be met by a secondary victim;
  • Know whether primary victims more meritorious than secondary victims.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Alcock v Chief Constable of South Yorkshire Police [1992];
  • Farrell v Avon Health Authority - [2001] All ER;
  • Frost and Others v Chief Constable of South Yorkshire Police [1997] 3 W.L.R. 1194;
  • Hatton v Sutherland (2002) EWCA Civ 76;
  • Jones v Ramshaw (unreported, September 2011);
  • Page v Smith [1995] 2 WLR 644;
  • Taylorson v Shieldness Produce Ltd [1994] PIQR 329;
  • Tranmore v T E Scudder Ltd [1998] EWCA Civ 733;
  • Walters v North Glamorgan NHS Trust [2002] All ER.
Tags:

In this CPDcast, Andrew Hogarth QC, Head of Chambers from 12 King’s Bench Walk discusses the law and procedure dealing with victims in nervous shock. He provides a walkthrough of recent cases dealing with primary and secondary victims and some insight to the courts' approach to the recoverability of damages in these cases.

Date Recorded: 17th October 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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