Skip to main content
Legal case

Challenge to Roberts v Johnstone accommodation claims

The delay in this case is unavoidable. The Court of Appeal and the parties are keen that this appeal is heard as soon as possible.

The case of Swift v Carpenter, the test case for challenges to Roberts v Johnson accommodation claims has been adjourned.

The facts

The claimant sustained serious injuries leading to a below knee amputation of the left leg in a road traffic accident in 2013. She was awarded damages in excess of £4 million but, significantly, received nothing for the capital costs of accommodation. Mrs Justice Lambert concluded that she was bound by Roberts v Johnstone which resulted in a nil award. The claimant was given permission to appeal to the Court of Appeal.

Court of Appeal

After an adjournment in July 2019, the appeal was listed for hearing in the Court of Appeal beginning on 24 March 2020. Unfortunately, given the present unprecedented circumstances, the appeal has been adjourned.

The parties are investigating the feasibility of the hearing being conducted using video conferencing facilities and have been asked to report back to the Court of Appeal before 6 April. That will present some challenges given the number of parties, their representatives and experts. If the parties can identify a technical solution, then the Court will try to list this case as soon as possible in the Easter term which begins on 21 April 2020. If that is not possible then the hearing is unlikely to take place before October.

Comment

The delay in this case is unavoidable. The Court of Appeal and the parties are keen that this appeal is heard as soon as possible. Practitioners require clarity. A further update will be provided once there is a new hearing date.

Weightmans continue to act for the Defendant/Respondent in this case and have instructed William Audland QC and Richard Viney of 12 Kings Bench Walk.

If you have any questions or would like to know more about our legal update, please contact Dave Cottam, Partner, on 0116 2428924 or at dave.cottam@weightmans.com.

Sectors and Services featured in this article

Share on Twitter