Podcast Location:
Download it here [file size: 20.5 MB]
Categories:
Personal Injury
Remedies & Enforcement
CPD Points:
Up to 1 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:
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:

This podcast aims to provide a detailed insight into the approaches of courts to claims based on loss of a chance. It discusses key elements of a loss of a chance claim, supported by reference to leading cases. Examination is also made of the ways in which courts and professional valuers deal with questions of causation, probability, quantum and proof in such cases. The methods used by a valuer in seeking to prove loss of a chance are discussed, and a particular focus is given to cases in which successive or alternative opportunities have been lost.

Outcomes:
After completing the course you will:
  • Understand how courts and valuers approach loss of a chance cases;
  • Know the tests which claimants will have to satisfy to show causation and probability;
  • Be aware of the tools used by courts and valuers in determining the existence and extent of a lost opportunity;
  • Understand the particular issues arising in relation to successive and alternative lost opportunities.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Sources and References:
  • Centrehigh Ltd v Karen Amen and Telstar Video & Interactive Entertainment Ltd, Lawtel 7/10/2002;
  • Allied Maples Group Ltd v Simmons & Simmons [1995] 4 All E.R. 907;
  • Harrison v Bloom Camillin (a firm) [1999] All ER (D) 1177;
  • Hanif v Middleweeks (A Firm) [2000] Lloyd’s Rep. P.N. 920;
  • Pearson v Witherspoon [2000] Lloyd’s Rep. P.N. 151;
  • Dixon v Clement Jones Solicitors [2004] EWCA Civ 1005;
  • Vento v Chief Constable of West Yorkshire [2002] I.R.L.R. 177.
Tags:

This podcast takes an in-depth look at the processes and principles involved in assessing a loss of a chance in civil litigation. It introduces the subject by defining this kind of case, before looking at the necessary elements which need to be shown if a claimant is to be successful at trial. There is discussion of how the courts approach questions of causation and probability in loss of a chance cases, as well as of the key tools used by courts and professional valuers in assessing such a loss. Consideration is given to cases in which either successive or alternative opportunities have been lost and the way in which issues of quantum and proof are evaluated by the courts.

Podcast added: 24/04/09

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