Double Recovery In Care Claims Where Statutory Funding Is In Place

• Published date: 23 December 2021
• Subject Matter: Insurance, Food, Drugs, Healthcare, Life Sciences, Insurance Laws and Products
• Law Firm: BLM
• Author: Stuart Furniss and Steve Lynch

Celine Martin v Salford Royal NHS Foundation Trust - recent High Court ruling considering the question of double recovery in care claims where there was already statutory funding in place.

As a result of the defendant's negligence, the claimant suffered physical injuries and a severe brain injury. The claimant had a significant pre-existing psychiatric history and was already receiving state-funded care for her mental health needs.

One of the main issues considered by the court was the care claim which fell into two categories:

1. Mental health needs - not incident related and
2. Physical needs - was incident related.

The defendant argued that the claimant would continue to receive state-funded care (under s117 Mental Health Act 1983) and it was not appropriate to make an award for a private care package. It was contended that this would amount to double recovery and reliance was placed on the decision in Crofton v NHS Litigation Authority (2007).

The Judge concluded that the current care package was not sufficient to restore the claimant to the position she was in at the time of the accident. HHJ Bird accepted the claimant's evidence that she wanted "more support than the package provides her with" and found that she was entitled to a care package for life despite the possibility that she may be hospitalised in the future.

HHJ Bird also agreed that the appointment of a case manager was necessary because this was "key to the success of the overall package".

The possibility that the claimant might...