Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) – WLR Daily

Posted March 5th, 2009 in damages, disabled persons, law reports, personal injuries by sally

Peters v East Midlands Strategic Health Authority and another (Nottingham City Council, Part 20 defendant) [2009] EWCA Civ 145; [2009] WLR (D) 79

A severely disabled claimant 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. 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.”

WLR Daily, 4th March 2009

Source: www.lawreports.co.uk

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