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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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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