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09 April 2009 / Roger Harris
Issue: 7364 / Categories: Features , Damages , Personal injury
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Troubled relationship

Roger Harris on finding the right balance between state-funded care and damages

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The relationship between state-funded care and damages awards has troubled the courts for some time. In Peters v East Midlands Strategic Health Authority [2009] EWCA Civ 145, [2009] All ER (D) 24 (Mar) the Court of Appeal (CA) considered the issue as to whether a claimant's care and accommodation costs should be borne by the tortfeasor or the local authority that was charged with the statutory duty of making arrangements for providing care and accommodation to the claimant.

The claimant in Peters was a 20-year-old who as a result of the defendant's negligence contracted congenital rubella syndrome. In February 2007, aged 18, the claimant was placed in a private care home pursuant to a contract between her council and the owners of the home. The cost of her accommodation was borne equally by the council and the primary care trust.

Mr Justice Butterfield held that it was reasonable for the claimant to choose to be self-funding

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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