Podcast Location:
Download it here [file size: 43.3 MB]
Categories:
Personal Injury
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 is aimed at personal injury practitioners interested in vicarious liability issues in relation to sexual abuse claims. It sets out some reasons why there seems to have been a sudden upsurge in sexual abuse claims in recent years, how to initiate a claim where the abuser is (a) no longer alive (b) not worth suing and explains the court's wider power to ‘disapply’ the normal time-limits on actions in respect of personal injury under s.33 of the Limitation Act 1980. It also considers the combined effect of the House of Lord’s decisions in A v Hoare [2008] and Lister v Hesley Hall Ltd [2001] in introducing a liberal regime for limitation and vicarious liability in sexual abuse cases.

Outcomes:
After completing the course you will:
  • Have considered why there has been such a growing trend in sexual abuse claims;
  • Know how to frame the cause of action and prove the sexual abuse took place in these sorts of claims;
  • Understand why the courts have been reluctant to try the s.33 issue as a preliminary matter;
  • Know who to pursue in claims where the defendant (the abuser) is no longer alive;
  • Have considered the context in which primary liability can arise in sexual abuse cases.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • A v Hoare [2008] UKHL;
  • B (Children) [2008] UKHL 35;
  • Catholic Child Welfare Society v The Institute of Christian Brothers [2012] UKSC 56;
  • Civil Evidence Act 1968;
  • CXX v DXX [2012] EWHC 1535 (QB);
  • E v English Province of Our Lady of Charity [2012] EWCA Civ 938;
  • Limitation Act 1980;
  • Lister v Hesley Hall Ltd [2001] UKHL 22;
  • Protection of Harassment Act 1997;
  • Sexual Offences Act 2003;
  • ST v North Yorkshire County Council [1998] EWCA Civ 1208;
  • Stubbings v Webb [1993] AC 498;
  • S v W [1995] 1 FLR 862.

Leading personal injury practitioners Oliver Rudd & Richard Davison from 12 King's Bench Walk explain why there seems to have been a sudden upsurge in sexual abuse claims.

Date Recorded: 25th June 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Start this CPDcast Activity

© CPDcast.com