In this article, the author contends that the current indemnity provided to REC members is unfair and is so badly drafted that it cannot be described as an indemnity at all. He contends that the Appointing Authorities should give guidance to clarify the scope of the indemnity or replace it. The author discusses potential legal claims by REC members against their Appointing Authority if this is not provided. The legal liability of REC members for negligence and other claims is also discussed. The author provides a solution in a simpler form of indemnity framed by reference to actual claims that can be made against a REC member.
SteinerTJ. Indemnity for REC members. Res. Ethics Rev2006; 2(2): 39.
2.
Head of research systems and governance, Department of Health. Quoted in ‘AREC News’. Res Ethics Rev2006; 2(2): 74–75.
3.
‘AREC News’. Res Ethics Rev2006; 2(2): 74–75.
4.
McHaleJV. Liability in the law of tort of research ethics committees and their members. Res Ethics Rev2005; 1(2): 53–59.
5.
‘AREC News’. Op cit.
6.
Governance arrangements for research ethics committees. Paragraph 4:14. Department of Health, 2001.
7.
NRES consultation of 5th August 2009; Appendix 13: appointments letter and terms and conditions.
8.
R v Misra and Srivastava. 2004. EWCA 2375.
9.
Corporate Manslaughter and Corporate Homicide Act 2007, Section 1.
10.
McHaleJV. Op cit. and see references to other works cited therein.
11.
NHS indemnity: arrangements for clinical negligence claims in the NHS. HSG 96/48.
12.
Ibid; at paragraph 15 of Annex A.
13.
Speight v Gaunt. 1883. 9 App Cas 1; Bartlett v Barclays Bank Trust Co. 1980. Ch 515.
14.
VickeryR. 1931. 1 Ch 572; see too Armitage v Nurse. 1998. Ch 241.
15.
Three Rivers District Council & Ors v Governor & Co. of the Bank of England (No.3) [2000] 3 All ER 1 HL, at page 8 paragraphs e to j, per Steyn LJ.
16.
Ibid; at paragraph e.
17.
R v Ethical Committee of St. Mary's Hospital (Manchester) ex p H. 1988 1FLR 512.
18.
Society of Lloyd's v Henderson and Others Lowe and Others v Society of Lloyd's Society of Lloyd's v Stockwell and Others. Court of Appeal, reported Times 9th October 2007.
19.
Ibid; citing Three Rivers per Lord Hobhouse at page 43, paragraph b.
20.
Civil Procedure Rules; parts 19 and 20.
21.
See further, The Civil Liability (Contribution) Act 1978.
22.
Unfair Terms in Consumer Contracts Regulations SI 1999/2083.
