PI & Clinical Negligence horizon scanner—October 2020 [Archived]

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • PI & Clinical Negligence horizon scanner—October 2020 [Archived]
  • Accommodation claims—Swift v Carpenter
  • What did the court decide?
  • What are the implications of this decision?
  • Further reading
  • Fatal accidents
  • Bereavement award for cohabitees—Fatal Accidents Act 1976 (Remedial) Order 2020
  • Coronavirus (COVID-19)
  • Fundamental dishonesty
  • Vicarious liability
  • More...

PI & Clinical Negligence horizon scanner—October 2020 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note is a summary of the key legal developments of relevance to personal injury and clinical negligence practitioners as of 20 October 2020. For the most recent horizon scanner, reference should be made to PI and Clinical Negligence horizon scanning—overview.

Accommodation claims—Swift v Carpenter

On 9 October 2020, the Court of Appeal handed down the long awaited judgment in Swift v Carpenter which involved reconsideration of the mechanism for assessing the loss to a claimant of having to fund the purchase of special alternative accommodation. The previous mechanism, derived from the decision in Roberts v Johnstone, was challenged as being ‘unfit for purpose’, both by reason of the current negative discount rate which produced a nil valuation in all cases, and more generally.

What did the court decide?

The Court of Appeal held that Roberts v Johnstone does not give full and fair compensation and should be replaced. Instead, a new mechanism has been created, based on calculating the ‘market value’ of the notional reversionary interest (using a +5% investment rate), which is to be deducted from the full capital value of the increased cost of the special accommodation.

The award of damages for the cost of purchasing a suitable property was calculated as follows:

  1. cost of the new property

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