header-logo header-logo

24 July 2009 / Andrew Ritchie KC
Issue: 7379 / Categories: Features , Damages , Personal injury
printer mail-detail

Damaged

Who should pay for additional educational needs, asks Andrew Ritchie QC

Children and adolescents who have suffered brain injury as a result of a tort will have additional needs for educational assistance. The state provides schools and (questionably) adequate education for the general population. It also provides additional help for those with special needs, but often does not cater adequately for them. So can the claimant recover damages for his additional educational needs?

The main principle 

Damages are recoverable in full for the additional cost and expense involved in providing for an injured child’s special needs where those needs were caused by the defendant’s tort. Other examples of heads of loss where the defendant is required to fund the costs of the injured child’s special needs include: speech therapy; occupational therapy; physiotherapy; specially adapted household aids and equipment; adapted IT aids and equipment; specially adapted transport; nursing care; and housing.

This statement of the full compensation principle springs from a long established tort rule summarised 129 years ago by Lord Blackburn in Livingstone v

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll