The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5 August 2019. The Civil Liability Act 2018 provides that the discount rate must be reviewed within a five-year period following the last review.
An accident may affect a disabled claimant’s accommodation needs in several ways:
adaptation of existing or future accommodation may be required
there may be additional running costs
in serious cases, the claimant’s injuries may justify rehousing in more suitable accommodation
Adaptations range from the simple (eg the installation of handrails or wheelchair ramps) to the structural (eg provision of a downstairs toilet or widening of doors). It is essential that the adaptations meet a need identified in the medical evidence. Evidence will also normally be required from an occupational therapist or from an architect or surveyor, who should visit the claimant in their own home.
For further information, see Practice Note: Accommodation, aids and equipment.
If the adaptations result in an increase in the value of the property, the cost of the alterations is treated as part of the capital cost of the property. If alterations result in a reduction in the value of the property, this would simply be added to the damages.
Increased running costs often result from the fact that claimants
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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