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27 September 2007 / Ed Mitchell , Clive Lewis
Issue: 7290 / Categories: Features , Community care
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Community care law update

PAYING FOR LONG TERM CARE
HUMAN RIGHTS AND PRIVATE CARE HOMES
PROTECTING VULNERABLE ADULTS

ACCIDENT VICTIMS’ LONG TERM CARE

Care costs money. The greater the care needs, the greater the cost. Where the care needs arise because of another’s negligence, who should pay? Most would say the tortfeasor. However, the complex interaction of a number of legal rules sometimes leads to local social services authorities having to foot the bill. Accordingly, in these cases massive resources are required in order to provide lifetime care for a person who has suffered catastrophic injuries in an accident and local authorities often find themselves shocked to learn that they, rather than the tortfeasor, are expected to find the resources.
Case law to date has focused on accident victims who require residential care. The Court of Appeal’s decision in Crofton v NHS Litigation Authority [2007] EWCA Civ 71, [2007] All ER (D) 106 (Feb) however, concerned victims who require domiciliary care. The decision illustrates that the same transfer of responsibility from tortfeasor to local authority is

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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