Course description
Accommodation claims often involve the problems which arise if a claimant needs to move home because of present or future disability.
Barrister Harry Trusted presents this 1-hour webinar, which will consider The Court of Appeal decisions in Swift v Carpenter and Martin v Salford, the development of the law up to Roberts v Johnstone, and successive views on the discount rate leading up to Wells v Wells.
Harry will also answer all-important questions such as: What does the architect need to consider? Is the present housing suitable? What adaptations will be required? And what does the financial expert need to consider?
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
Most of these claims involve the problems which arise if a claimant needs to move home because of present or future disability.
The accommodation element may exceed £1 million for a badly injured young claimant. However, there is legal uncertainty surrounding some aspects of the claims because of a historically low discount rate.
The Court of Appeal decisions in Swift v Carpenter and Martin v Salford will be considered in detail.
What You Will Learn
This webinar will cover the following:
- What does the architect need to consider?
- The present housing - whether it is suitable and if not, why not?
- The possibility of adapting the present home, moving elsewhere or buying a plot of land
- The adaptations that are needed because of the claimant’s disabilities
- Likely future need with the ageing process and the effect on accommodation needs
- Other members of the family (parents, children, visitors and their accommodation)
- Higher running costs which arise because of the injuries
- What does the financial expert need to consider?
- The means by housing could be provided if the capital is not provided from the claim
- The costs of rental, interest only mortgages and similar financial products
- The potential impact on the claimant and family of repeated house moves
- The incidental costs of different solutions
- The development of the law up to Roberts v Johnstone
- Successive views on the discount rate leading up to Wells v Wells
- Recent cases which have highlighted the problems disclosed by the negative discount rate set in February 2017 culminating in Swift v Carpenter
- An analysis of why the Court of Appeal reached the decision they did and the recent law in Martin v Salford
Expenses
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