Provision of care and accommodation for personal injury claimants: Peters v East Midlands Strategic Health Authority [2009] case analysis and comment

Abstract

This article summarises and provides commentary upon the case of Peters v East Midlands Strategic Health Authority [2009] EWCA Civ 71 and considers its likely effect on claims for future care in personal injury litigation. In future, there should be less impetus on case managers and deputies to pursue applications for state funding of care packages on behalf of injured claimants, where those claimants intend to claim the future costs of such packages from defendants. A state‐funded package is likely to be regarded as an interim measure pending the Court's final award of damages.

Transdisciplinary working: the social worker as case manager

“…In Sophie's case, it has provided a bungalow that will be adapted to her needs, as well as an adapted vehicle. However, Sophie is still entitled to receive support from the NHS, hence the continued involvement of the NTBIS and from social services, although in the latter case the compensation monies must be held within a trust in order to be exempt from means testing and consequent reduction or withdrawal of social services funding (see Eddy & Whittaker, 2010, for further discussion of the complexities of the relationship between compensation and statutory provision).…”