Liverpool Council has lost a test case to
“claw back” the cost of residential care for a client awarded
£1 million compensation.
Gerald Ryan, 49, had been awarded the
compensation after Liverpool Health Authority settled his claim
that medical negligence at birth was responsible for his severe
The council said that interest earned on the
compensation should be taken into account when it assessed Ryan’s
eligibility for public funding for care.
But the high court ruled last week that the
council was not entitled to take into account interest payments on
capital administered by the court of protection.