Peters v East Midlands Strategic Health Authority & Ors [2009] EWCA Civ 145 (03 March 2009)

Peters v East Midlands Strategic Health Authority & Ors [2009] EWCA Civ 145 (03 March 2009)

The claimant is entitled as of right to recover full damages for her future care needs from the tortfeasor and is not obliged to rely on statutory provision by the local authority; all sums awarded as damages for personal injury are to be disregarded for means-testing under the relevant regulations; the risk of double recovery can be effectively managed by requiring the Deputy to seek court approval before applying for statutory funding.

Citation
[2009] EWCA Civ 145
Parties
Claimant/respondent: Chantelle Peters (By her Litigation Friend Susan Mary Miles); Defendants/appellants: East Midlands Strategic Health Authority and Dr P Halstead; Part 20 Defendant/appellant: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
03 March 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeals dismissed; judgment of Butterfield J affirmed
Legal Topics
Damages Assessment, Statutory Care Provision, Mitigation of Loss, Double Recovery, Interpretation of Statutory Disregard Provisions
Personal Injury Public Law Social Welfare Law Damages Assessment Statutory Care Provision Mitigation of Loss Double Recovery Interpretation of Statutory Disregard Provisions

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Parties

Chantelle Peters (By her Litigation Friend Susan Mary Miles)

Claimant/respondent

East Midlands Strategic Health Authority and Dr P Halstead

Defendants/appellants

Nottingham City Council

Part 20 Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether damages for personal injury must be reduced to reflect statutory care provision by a local authority
  2. 2 Whether all sums awarded as damages for personal injury are disregarded for means-testing under the relevant regulations
  3. 3 Whether a claimant is obliged to rely on statutory provision or may opt for self-funding and damages from the tortfeasor

Ratio Decidendi

The claimant is entitled as of right to recover full damages for her future care needs from the tortfeasor and is not obliged to rely on statutory provision by the local authority; all sums awarded as damages for personal injury are to be disregarded for means-testing under the relevant regulations; the risk of double recovery can be effectively managed by requiring the Deputy to seek court approval before applying for statutory funding.

Court Disposition

Appeals dismissed; judgment of Butterfield J affirmed

Orders

  • Claimant entitled to full damages for future care and accommodation costs from the defendants
  • Deputy to notify the Court of Protection of the outcome and seek an order limiting authority to apply for statutory funding without further court approval