In the first of two articles, Nicholas Bevan explains why Thompstone represents a sea change for future care claims
In January 2008, the Court of Appeal released what is one of the most important rulings of the decade in tortious law, Thompstone v Tameside and Glossop Acute Services NHS Trust (and three other conjoined appeals) [2008] EWCA Civ 5, [2008] All ER (D) 72 (Jan). It concerns a technical issue: whether and in what circumstances a court may depart from the Retail Prices Index (RPI), set by the Damages Act 1996 (DA 1996), s 2(8), when inflation-proofing a periodical payments order in a personal injury claim featuring future loss. This decision will propel the periodical payments regime from the backwaters into the mainstream as a means of delivering compensation for future loss in personal injury claims. The appeals involve claims by individuals who have been severely injured at birth due to negligent treatment by a local health authority or NHS trust. All four claims include substantial amounts to meet the lifelong cost of providing for their care. Future care claims are often the largest
