header-logo header-logo

31 July 2009 / Andrew Ritchie KC
Issue: 7380 / Categories: Features , Training & education , Personal injury
printer mail-detail

Damaged

Part two: Who should pay for additional educational needs? Andrew Ritchie QC

In the first part of this article, I examined the main principles and the law related to a claim for damages for additional educational needs (see NLJ, 24 July 2009, p 1055). In this follow up, I consider the arguments claimants can use to persuade a court to award damages for the additional costs of education where it is available on the state.

The first step in assessing the educational needs and costs in a brain damage case is to obtain a report from an educational psychologist on the child’s special educational needs.

If the child’s needs are being met by the state and there is no need for more in future then no claim will arise. However, if the expert advises that the state provision is inadequate or will soon become inadequate then a claim for damages for additional educational provision will arise.

Compulsory insurance

The claimant’s first argument is that the tortfeasor should pay not the state. That is one

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: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll