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Reimbursement of care costs from structured settlements

Dean Bell (by his litigation friend Lily May) v Stephen Todd (1) South Tyneside MBC (2) QBD 29/6/2001. On 12 March 1986, when the claimant (“C”) was only four years old, he was seriously injured by a car driven by the first defendant. His injuries were so serious that he was and is accommodated for most of the year by the Camphill Trust at the Camphill Centre. For 12 weeks of the year he lives with his former foster parents in their own home.

26 September 2001

Dean Bell (by his litigation friend Lily May) v Stephen Todd (1) South Tyneside MBC (2) QBD 29/6/2001.

On 12 March 1986 when the claimant (“C”) was only four years old he was seriously injured by a car driven by the first defendant. His injuries were so serious that he was and is accommodated for most of the year by the Camphill Trust at the Camphill Centre. For 12 weeks of the year he lives with his former foster parents in their own home.

C had no assets other than his claim against the first defendant. The local authority have accepted responsibility for accommodation under section 21 National Assistance Act 1948 which has been arranged pursuant to section 26 of that Act for the accommodation and personal care to be provided at the Camphill community. The local authority did not suggest that C was liable to reimburse it for costs already incurred but contended the position would change once C received damages from the defendant.

A sett...

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