Cerebral Palsy in UK Law

Leading Cases
  • Iqbal v Whipps Cross University NHS Trust
    • Queen's Bench Division
    • 08 December 2006

    The combination of physical disability and learning difficulty is devastating. His cerebral palsy means that his movements are characterised by involuntary fluctuations of muscle tone. He is floppy at rest but his tone becomes stiffened when voluntary movements are attempted. He has some ability to reach out and operate switches and controls. He is demanding of attention, but in Dr Rosenbloom's view his personality is one area where he will continue to mature.

  • Leo Whiten (A protected party suing by his Mother and Litigation Friend, Samantha Nowell) v St George's Healthcare NHS Trust
    • Queen's Bench Division
    • 05 August 2011

    The claimant is entitled to damages to meet his reasonable needs arising from his injuries. In considering what is "reasonable", I have had regard to all the relevant circumstances, including the requirement for proportionality as between the cost to the defendant of any individual item and the extent of the benefit which would be derived by the claimant from that item.

    The paediatric neurologists in this case have assessed the claimant's life expectancy by reference to his mortality risks as a whole, not just those risks associated with his cerebral palsy. This is not one of those cases (such as Tinsley, Crofts or Smith) where the medical evidence relates only to the reduction in life expectancy caused by a number of identified factors specifically relating to the claimant and the injury which is the subject of the claim.

    I readily accept that exercising in water is generally beneficial for him. However, I am not satisfied that the claimant has established a clinical need which cannot adequately be met by physiotherapy exercises carried out in an ordinary swimming pool with suitably trained carers and, occasionally, his treating physiotherapist. Consequently, I make no award for the costs of future aquatic physiotherapy.

  • Roberts v Johnstone
    • Court of Appeal (Civil Division)
    • 17 March 1988

    We are reinforced in this view by the fact that in reality in this case the purchase was financed by a capital sum paid on account on behalf of the defendants by way of interim payments, and thus it may be appropriate to consider the annual cost in terms of lost income and investment, since the sum expended on the house would not be available to produce income. A tax-free yield of 2 per cent in risk-free investment would not be a wholly unacceptable one.

  • ES v Chesterfield and North Derbyshire NHS Trust
    • Court of Appeal (Civil Division)
    • 25 July 2003

    We were told that the overall value of the claim in this case may be around £1.5 million. The claimant is physically impaired for her entire life by cerebral palsy. In my view the balance of these considerations does make it proportionate and just as between the parties that this claimant is permitted to rely upon the reports of two obstetricians, not one; and the additional costs to public funds and share of the court's resources is also proportionate and just.

  • Iqbal v Whipps Cross University NHS Trust
    • Court of Appeal (Civil Division)
    • 20 November 2007

    In my judgment, Gammell makes quite clear, what might be said to be less clear from Pickett, that the age of a victim is not as a matter of principle relevant to the issue of whether or not a claim can be made for the lost years. Further, the lack of dependants cannot be a factor which defeats a claim for damages for loss of earnings in the lost years. When it comes to the assessment of damages for the lost years the issues are evidential and not matters of principle.

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Legislation
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Books & Journal Articles
  • Personal Account
    • No. 35-4, December 1988
    • Probation Journal
    ... ... wrote that ... I had ataxia type cerebral palsy and congenital ... ...
  • Raymond Nottage CMG
    • No. 25-3, July 2010
    • Public Policy and Administration
    ... ... active in the Bobath Centre, a charity that helps children with cerebral palsy. As Chairman, he helped to raise money from city friends to fund ... ...
  • Disability, Child Abuse and Criminal Justice
    • No. 57-3, May 1994
    • The Modern Law Review
    ... ... deaf blindness, learning disability, language disorders, cerebral palsy, spina bifida and hydrocephalus, In 1985 it was estimated ... ...
  • Remarkable lives: Lígia Cardoso Baldé in conversation with Jerome Carson
    • No. 22-2, April 2018
    • Mental Health and Social Inclusion
    • 72-77
    Purpose: The purpose of this paper is to provide a profile of Lígia Cardoso Baldé. Design/methodology/approach: Lígia gives a biographical description of her life and is then interviewed by Jerome...
    ... ... Keywords Culture, Diversity, Stress, Resilience, Education, Cerebral palsyPaper type Case studyIntroductionLígia is a mature student studying ... of caring for her own son, who was diagnosed with cerebral palsy. Lígia has had toovercome many barriers on her journey, but let her tell ... ...
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