12 March 2009
Peters v East Midlands Strategic Health Authority [2009] EWCA Civ 145, [2009] All ER (D) 24 (Mar)
A severely disabled claimant is entitled as of right to damages from the tortfeasor in preference to dependence on the statutory obligations of the local authority to provide accommodation and care. For the purposes of disregarding damages for personal injuries from charging provisions in respect of accommodation and care provided by local authorities, all the heads of damage are to be disregarded, not only those for pain, suffering and loss of amenity.
