Practice and Procedure

DAMIEN TINSLEY (BY HIS RECEIVER & LITIGATION FRIEND MARTIN CONROY) v JAIDIP SARKAR (2005)

PUBLISHED April 18, 2005
SHARE

Although an award of personal injury damages for the future costs of aftercare should not be made if the costs were not going to be incurred by the claimant because of the statutory provision of community care services, the statutory bodies responsible for such care were often short of funds and could not provide what the claimant wanted or for his reasonable needs. In those circumstances, the court was prepared to make an award for his reasonable needs and saw no reason for the defendant tortfeasor to have an undeserved windfall.

[2005] EWHC 192 (QB)

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