header-logo header-logo

Troubled relationship

09 April 2009 / Roger Harris
Issue: 7364 / Categories: Features , Damages , Personal injury
printer mail-detail

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

* * * * * *

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
back-to-top-scroll