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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.
Social Care and Neurodisability – Emerald Publishing
Published: Apr 28, 2010
Keywords: Personal injury; Liability; Indemnity; Double recovery
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