header-logo header-logo

01 February 2018
Issue: 7779 / Categories: Legal News , Personal injury
printer mail-detail

Personal injury awards stay outside financial assessments

Personal injury awards cannot be taken into account by councils carrying out financial assessments, the Local Government Ombudsman has clarified.

Wokingham Borough Council had argued that a woman’s award in 1998, which was administered by a deputy appointed by the Court of Protection, was enough to cover her care needs. The Ombudsman disagreed. The council then sought a judicial review of the Ombudsman’s decision, but the High Court found the council’s case ‘totally without merit’ and threw it out. 

The woman’s award was for medical negligence dating back to 1975. Her representative had approached Wokingham for help, and the council assessed her as needing a care package worth £3,910 per month.

Ombudsman Michael King said: ‘The judge has ruled and confirmed our interpretation of the law was within the range of reasonable responses. Councils can be clear about the way we will look at any similar cases that come to my office in future.’

Issue: 7779 / Categories: Legal News , Personal injury
printer mail-details

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