header-logo header-logo

Damaged

24 July 2009 / Andrew Ritchie KC
Issue: 7379 / Categories: Features , Damages , Personal injury
printer mail-detail

Who should pay for additional educational needs, asks Andrew Ritchie QC

Children and adolescents who have suffered brain injury as a result of a tort will have additional needs for educational assistance. The state provides schools and (questionably) adequate education for the general population. It also provides additional help for those with special needs, but often does not cater adequately for them. So can the claimant recover damages for his additional educational needs?

The main principle 

Damages are recoverable in full for the additional cost and expense involved in providing for an injured child’s special needs where those needs were caused by the defendant’s tort. Other examples of heads of loss where the defendant is required to fund the costs of the injured child’s special needs include: speech therapy; occupational therapy; physiotherapy; specially adapted household aids and equipment; adapted IT aids and equipment; specially adapted transport; nursing care; and housing.

This statement of the full compensation principle springs from a long established tort rule summarised 129 years ago by Lord Blackburn in Livingstone v Rawyards Coal (1880) 5 App Cas 25: “I do not

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll