Claimant entitled not to rely on Local Authority provision
June 29, 2009
Posted by:Suzanne Trask
This week the decision was made not to allow the East Midlands Strategic Health Authority to appeal to the House of Lords. The case related to Chantelle Peters, a severely disabled claimant. The Court of Appeal had previously decided that she was entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care for her. The Court said that for the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage were to be disregarded, not only those for pain, suffering and loss of amenity. As permission to appeal to the House of Lords has been refused, this remains the position.