Accommodation Claims for Children - Expert Evidence & Key Caselaw

Introduction

Badly injured children may need to be re-housed and/or be given adapted housing. This is particularly true of claimants with cerebral palsy (cognitive damage and physical disability) but may also apply to those who have suffered severe traumatic head injury or amputation.

These claims involve a complex interplay between evidence of fact as to the circumstances of the claimant and expert evidence.

This webinar will explain how this evidence is deployed by claimants and defendants. The calculation of the capital and non-capital claims involves consideration of the case of Swift v Carpenter and the implications of the new discount rate. Given the young age of the claimants, longer term considerations of capacity and developing need will be discussed.

This webinar is aimed at those involved in high value, complex claims arising from clinical negligence or personal injury.

What You Will Learn

This webinar will cover the following:

• A short introduction as to the development of this head of loss
• An overview of the injuries which tend to disclose these awards - especially cerebral palsy
• Consideration of the factual evidence needed to substantiate (or refute) the claim
• The need for a medical expert to support (or refute) an accommodation claim
• Use of architects’ evidence to quantify the loss. The needs and costs for a growing child
• An explanation of the distinction between capital claims and other heads of loss
• The legal basis for the Swift v Carpenter decision and its methodology
• The particular problem of accommodation needs for those with long life expectancies
• Worked examples to illustrate how the fact/expert/legal principles are applied in schedules

This pre-recorded webinar will be available to view from Tuesday 16th December 2025

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.