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Peters v Dr P Halstead and East Midland Health Authority




[2009] EWCA Civ 145

2009-03-11

The Court held that there was no duty to mitigate in the circumstances where an individual elected for damages to pay for a care home even if it was the same care home that was provided free by the local authority pursuant to its statutory duty.  The preference for private funding expressed by a claimant's deputy was not as a matter of law capable of challenge.  However the court rejected the council's appeal against the judge's decision that it was not entitled to charge the claimant for providing the care home albeit that she had been awarded damages to pay for such care.