WNA v NDP

WNA v NDP

In cases where periodical payments are made for care and case management, each annual payment is to be treated as relating solely to the costs incurred in that year. Any surplus remaining at the end of the year belongs to the claimant and need not be accumulated or used to offset future shortfalls before seeking state funding. This approach aligns with the statutory and regulatory framework for state funding, which also operates on an annual accounting basis, and avoids the practical and administrative difficulties of a running account mechanism.

Parties
Claimant: WNA; Defendant: NDP
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Personal Injury / Quantum Determination Following Liability Judgment
Outcome
Claim allowed in part; court determines annual accounting basis for periodical payments and surplus treatment.
Legal Topics
Damages, Double Recovery, Periodical Payments, State Funding, Care Costs
Tort Law Personal Injury Damages Double Recovery Periodical Payments State Funding Care Costs

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Parties

WNA

Claimant

NDP

Defendant

Procedural Posture

Personal Injury / Quantum Determination Following Liability Judgment

Legal Issues

  1. 1 How to prevent double recovery in the context of periodical payments for care and case management where state funding may also be available

Ratio Decidendi

In cases where periodical payments are made for care and case management, each annual payment is to be treated as relating solely to the costs incurred in that year. Any surplus remaining at the end of the year belongs to the claimant and need not be accumulated or used to offset future shortfalls before seeking state funding. This approach aligns with the statutory and regulatory framework for state funding, which also operates on an annual accounting basis, and avoids the practical and administrative difficulties of a running account mechanism.

Court Disposition

Claim allowed in part; court determines annual accounting basis for periodical payments and surplus treatment.

Orders

  • Parties to agree and formulate the appropriate form of order reflecting the judgment.
  • Claimant at liberty to deal with any annual surplus as she sees fit.