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Injury Law - Calculating Awards

By : Jamie Clarke

Where it is reasonable for a personalinjury claimant to be provided with ongoing care at home, there should be a reduction to reflect the direct financial assistance the claimant will receive from the local authority towards the provision of that care pursuant to s.29 of the National Assistance Act 1948 (and the underlying legislation and Ministerial guidance as also surveyed by Tomlinson J in Freeman v Lockett [2006] EWHC 102 (QB)). This is the so-called ‘no loss’ argument, usually advanced by defendants and their insurers – but this argument was recently revisited in Crofton (a patient by his father and litigation friend John Crofton) v National Health Service Litigation Authority [2007] EWCACiv 71. Jamie Clarke reports..

This article was originally published in Solicitors Journal (27 April 2007)