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Periodical payments

Litigation Letter

Periodical payments

Thompstone v Tameside NHS Foundation Trust [2008] EWHC 2948 QBD 2 December

The claimants sought approval of draft orders for periodical payments to be paid to them by the defendant NHS Trusts and health authorities. The Court of Appeal when considering periodical payment orders in these three cases held that when providing for the recovery of future care costs, reference should be made to the annual survey of hours and earnings for the occupational groups of care assistants and home carers (ASHE 6115), rather than to the retail price index. Orders giving effect to that judgment were subsequently drafted and approved. However the orders were later redrafted. Two additional cases were joined in the proceedings. The court considered the model schedules to be incorporated in orders in the three cases and also unrelated pending and future cases and concluded the following.

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