Bristol woman wins £127k High Court claim for mum’s care at home
Legal experts have told the BBC that while this case does not automatically set a legal precedent, it is likely to lead to similar claims in future. Emma Holland, partner in trust and litigation at...
Legal experts have told the BBC that while this case does not automatically set a legal precedent, it is likely to lead to similar claims in future.
Emma Holland, partner in trust and litigation at Stewarts, said: “What this case demonstrates is that the courts are willing to apply ordinary contractual principles to family relationships, which wasn’t clear before.”
This means family members are more likely to be entitled to payment if there is an informal agreement, she said, even without an amount being agreed.
“These are considered, well-reasoned judgements by highly esteemed judges, so I would think it’s very likely that future courts will follow them,” Holland said.
Beth Middleton, senior associate in private wealth and disputes at JMW, said this was a “hugely significant” case that would “open a floodgate of claims”.
Sarama Dutton, partner at Collyer and Bristow, who specialises in trusts, inheritance and wills, said the judgements were likely to be “influential”.
“It demonstrates a willingness to look beyond individual care tasks and acknowledges the broader reality of providing care to an elderly relative, including the continuous supervision, responsibility and restrictions on personal freedom,” she said.



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