Crofton v NHSLA

Alexander Antelme was junior counsel for the NHSLA in this key case dealing with the impact of local authority funding on care claims in large clinical negligence and personal injury cases. The Court of Appeal gave judgment on 8th February 2007. At first instance, the Claimant's care claim had been reduced by over £1.3m to reflect future local authority funding. The Claimant appealed on the basis that the Judge was wrong to find that any funding would be available given the Claimant's damages award. The Court of Appeal rejected the Claimant's argument but accepted that the Judge had not had sufficient evidence from the relevant local authority to reach his conclusion. Accordingly, the case was remitted to the trial judge for further consideration. Given the limited nature of the Claimant's success on appeal, he was only awarded one third of his costs. This judgment ensures that the provision of public funding remains an issue which requires careful consideration in all large claims for personal injury which involve significant claims for future care.

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