How to quantify accommodation claims in short life expectancy cases; still no nearer (Hill v East Kent NHS Trust)

Table of contents

• What are the practical implications of this case?
• What was the background
• What did the court decide?
• Case details

Article summary

PI & Clinical Negligence analysis: The issue arose in an interim payment application in a clinical negligence claim as to how to value the capital cost of a property already purchased when the claimant’s life expectancy was relatively short (just over 12 years). The claimant contended that she should recover the full value of the capital cost, not least when she could otherwise have purchased a cheaper house but spent more on adaptations. The judge rejected this submission and applied a conventional Swift v Carpenter calculation, while noting that this approach may not provide full compensation to the claimant. Written by Robert Weir KC, barrister at Devereux Chambers.