header-logo header-logo

24 May 2007
Issue: 7274 / Categories: Features , Personal injury
printer mail-detail

Suitable provision

Nicholas Bevan examines the extent to which local authority funded care affects personal injury awards

It is well established that where it can be shown that a claimant will continue to receive what is effectively free local authority provision then this should be taken into account when assessing that claimant’s net claim for future care. This was accepted by both parties as non controversial in Sowden v Lodge; Crookdale v Drury [2004] EWCA Civ 1370, [2005] 1 All ER 581.
Local authorities have a duty to recover the outlay incurred in the exercise of their statutory duties under the National Assistance Act 1948 (NAA 1948), ss 21 and 29. However, the effect of the various statutes, regulations and ministerial guidance on this topic is that they must disregard for means assessment purposes any award for personal injuries held within personal injury trusts or administered by the court. So unless a claimant blithely accepts a lump sum award without placing it in a personal injury trust, the local authority is required to disregard the existence of often substantial capital

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll