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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
A Court of Appeal ruling shows that a failed nuisance claim may still leave a neighbour liable in negligence where foreseeable harm could readily have been avoided
The government has stepped back from a proposed early-release exclusion limited to unlawful act manslaughter, opting instead to exclude all manslaughter sentences
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience
back-to-top-scroll