The recent Court of Appeal decision in Swift v Carpenter brings change to the way a claim for accommodation is calculated.
Sometimes a person who has been injured in an accident needs to move to more suitable accommodation. This is often larger and more expensive than their existing home.
The method of calculating how much this item of claim will be was not as simple as just the difference in value between the existing accommodation and the new, as the Courts were mindful that if the value of the property appreciated then potentially the Claimant was receiving too much, and so the amount would be reduced by applying a mathematical formula.
However, over time, that has led to injustice as Claimants did not receive sufficient compensation to fund their purchase of a new home without using parts of their compensation that had been awarded for other items of loss.
The decision in Swift v Carpenter has finally changed this and the new calculation allows for Claimants to be properly compensated and receive the amount they are entitled to, but the Respondents have requested leave to appeal so we may not have heard the last on this yet.
If you have suffered an injury or work related illness within the last three years and it wasn’t your fault, then the compensation you are entitled to can be a big help, letting you sleep a little more soundly at night.