Can anyone help me what the term 'assessable damages' can include in
relation to a negligence claim concerning a 14 yr old boy with learning
difficulties.

Could the term include expenses incurred by the parents, e.g. Home tuition
and home cleaning costs (incurred by the need for his constant
1-to-1supervision) while child is unable to attend school?

Would it make a difference who paid, i.e. child or parent?

Regards,

H.

"H" wrote in message
...
Can anyone help me what the term 'assessable damages' can include in
relation to a negligence claim concerning a 14 yr old boy with learning
difficulties.

The term is not one that is normally used in litigation in the UK. The more
usual form of putting the question is "can I recover damages for...."/


Could the term include expenses incurred by the parents, e.g. Home tuition
and home cleaning costs (incurred by the need for his constant
1-to-1supervision) while child is unable to attend school?

In principle if a child suffers a personal injury that prevents him
attending school you can recover the cost of home tuition. Home cleaning
costs, probably no. And if it isn't a personal injury but some other form of
dispute with the school, it may be harder to persuade a court that the
damages are recoverable.


Would it make a difference who paid, i.e. child or parent?

No - it is quite usual to recover for the cost of gratuitous care and
nursing that a family member or friend has provided, then (if you like) pay
that sum to the person who provided the care.

On 21 Sep, 12:05, "The Todal" wrote:


No - it is quite usual to recover for the cost of gratuitous care and
nursing that a family member or friend has provided, then (if you like) pay
that sum to the person who provided the care.

Strictly speaking I believe that gratuitous care damages are held in
trust by the payee for the carer (at least that's my recollection from
the days when those around me were doing this kind of thing).

Francis

On Sep 21, 12:05*pm, "The Todal" wrote:
"H" wrote in message

...

Can anyone help me what the term 'assessable damages' can include in
relation to a negligence claim concerning a 14 yr old boy with learning
difficulties.

The term is not one that is normally used in litigation in the UK. The more
usual form of putting the question is "can I recover damages for...."/



Could the term include expenses incurred by the parents, e.g. Home tuition
and home cleaning costs (incurred by the need for his constant
1-to-1supervision) while child is unable to attend school?

In principle if a child suffers a personal injury that prevents him
attending school you can recover the cost of home tuition. Home cleaning
costs, probably no. And if it isn't a personal injury but some other form of
dispute with the school, it may be harder to persuade a court that the
damages are recoverable.



Would it make a difference who paid, i.e. child or parent?

No - it is quite usual to recover for the cost of gratuitous care and
nursing that a family member or friend has provided, then (if you like) pay
that sum to the person who provided the care.

If this is to do with the actions of the school does it not come under
the jurisdiction of the Local Authority Ombudsman rather then the
courts ?

smithy