CHAPTER 13
Local authorities and tortfeasors
13.1Introduction and statutory machinery 13.4Personal injury trusts and other personal injury payments 13.7Court administered/controlled funds 13.11Protecting the local authority/health authority position Cases
13.13Islington LBC v University College Hospital Trust [2005] EWCA Civ 596, (2005) 8 CCLR 337 Tortfeasors do not owe a statutory providers of care a duty of care in negligence
13.14Crofton v National Health Service Litigation Authority [2007] EWCA Civ 71, (2007) 10 CCLR 123 Damages should be reduced where statutory care provision would be made available and where local authorities would be required to disregard damages for means-testing purposes
13.15Peters v East Midlands Strategic Health Authority and Nottingham City Council [2009] EWCA Civ 145, (2009) 12 CCLR 299 The victim of a tort was entitled to recover the cost of private health and social care, providing the risk of double recovery could be averted
13.16R (Booker) v NHS Oldham [2010] EWHC 2593 (Admin), (2011) 14 CCLR 315 The NHS had to provide free treatment even if that treatment was covered by a personal injury award
13.17Nottinghamshire CC v Bottomley [2010] EWCA Civ 756 It was appropriate to join the local authority to personal injury proceedings because the manner in which the award was to be structured would affect it
13.18R (ZYN) v Walsall MBC [2014] EWHC 1928 (Admin), (2015) 18 CCLR 579 Funds administered by a deputy had to be disregarded in the same way as funds administered by the Court of Protection itself
13.19.1Damien Tinsley v Manchester CC [2016] EWHC 2855 (Admin) A person was entitled to after-care services free of charge notwithstanding his possession of a substantial personal injury award that would enable him to purchase such services and that he had been awarded for that purpose
13.19.2Investigation into a complaint against St Helens Metropolitan Borough Council (reference number 14 009 949) (27 June 2016)