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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

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Jurit—Nicole Gallop Mildon

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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