Roger Harris on finding the right balance between state-funded care and damages
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The relationship between state-funded care and damages awards has troubled the courts for some time. In Peters v East Midlands Strategic Health Authority [2009] EWCA Civ 145, [2009] All ER (D) 24 (Mar) the Court of Appeal (CA) considered the issue as to whether a claimant's care and accommodation costs should be borne by the tortfeasor or the local authority that was charged with the statutory duty of making arrangements for providing care and accommodation to the claimant.
The claimant in Peters was a 20-year-old who as a result of the defendant's negligence contracted congenital rubella syndrome. In February 2007, aged 18, the claimant was placed in a private care home pursuant to a contract between her council and the owners of the home. The cost of her accommodation was borne equally by the council and the primary care trust.
Mr Justice Butterfield held that it was reasonable for the claimant to choose to be self-funding as opposed to relying to any extent on state provision
