header-logo header-logo

31 July 2009 / Andrew Ritchie KC
Issue: 7380 / Categories: Features , Training & education , Personal injury
printer mail-detail

Damaged

Part two: Who should pay for additional educational needs? Andrew Ritchie QC

In the first part of this article, I examined the main principles and the law related to a claim for damages for additional educational needs (see NLJ, 24 July 2009, p 1055). In this follow up, I consider the arguments claimants can use to persuade a court to award damages for the additional costs of education where it is available on the state.

The first step in assessing the educational needs and costs in a brain damage case is to obtain a report from an educational psychologist on the child’s special educational needs.

If the child’s needs are being met by the state and there is no need for more in future then no claim will arise. However, if the expert advises that the state provision is inadequate or will soon become inadequate then a claim for damages for additional educational provision will arise.

Compulsory insurance

The claimant’s first argument is that the tortfeasor should pay not the state. That is one reason why there are statutory requirements to have insurance for

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll