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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
back-to-top-scroll