Overview
This webinar examines the legal and practical issues arising in accommodation and aids and appliances claims in personal injury litigation, with particular focus on the impact of Swift v Carpenter. The decision represents a significant development in how courts assess damages for the additional capital cost of suitable accommodation, replacing the traditional approach with a new methodology that has important consequences for claim valuation.
The session explores the reasoning in Swift v Carpenter, including the illustrative examples provided by the court, and considers how the decision has subsequently been applied in practice. It also addresses more complex and nuanced scenarios, such as cases where a claimant would not have purchased property but instead lived in rented accommodation.
In addition, the webinar provides a practical overview of claims for aids and appliances, including the legal principles governing recoverability and the evidential requirements needed to support such claims.
Overall, the session is designed to give practitioners a working understanding of how to approach, quantify, and present accommodation and equipment claims in light of recent developments.
Learning Objectives
By the end of this webinar, participants will be able to:
- Understand the legal principles underpinning accommodation claims in personal injury cases
- Analyse the decision in Swift v Carpenter and its significance for calculating damages
- Apply the methodology and examples provided in Swift v Carpenter to real cases
- Evaluate how courts have interpreted and applied Swift v Carpenter in subsequent decisions
- Assess claims where the claimant would have lived in rented rather than owned accommodation
- Understand the legal framework governing claims for aids and appliances
- Identify the evidential requirements needed to support such claims
- Apply practical strategies to quantify and present accommodation and equipment claims effectively
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography