A landmark ruling in the Court of Appeal means that insurers are likely to pay less in future care payments, according to law firm Kennedys.
The Court of Appeal ruled today in the case of André Crofton v The National Health Service Litigation Authority that if a person seeks and obtains payments from his local authority to pay for some or all of his care needs, then those payments must be taken into account in the assessment of his damages.
Janet Sayers, Kennedys head of healthcare, who represented the NHS Litigation Authority, said: "There can no longer be any doubt about this issue which has caused much disagreement between clinical negligence lawyers for the last few years. The unanimous Court of Appeal judgment means there is now certainty.
“The National Health Service Litigation Authority and those compensators of claims will no longer be over-compensating a person where they are in receipt of payments from their local authority to pay for services or care. It will mean that where a person is in receipt of state funding, the NHS Litigation Authority or other compensators/insurers will be paying less in future care payments."
