Dear Members
Please click here to access an article by Ben Haseldine who represented the successful claimant in the High Court in a trial concerning the costs that an adult daughter should recover for the care provided to her elderly mother with a short synopsis of the case below:
At the liability trial – Rogers v Wills [2025] EWHC 1367 (Ch) – it was found that a contractual relationship existed between the claimant and her mother. However, no specific agreement had been reached as to how much the claimant should be paid: only that she should receive ‘reasonable remuneration’.
In the quantum trial – Rogers v Wills [2026] EWHC 2231 (Ch) – it was held that ‘the starting point for assessing a reasonable charge is likely to be a comparison of the probable cost of obtaining the same or a similar service in the market place, without discount for income tax and national insurance.’ Having considered the evidence relating to the nature and intensity of the care provided, and the period over which those services were given, the court wholly accepted the claimant’s case and awarded a sum of £127,500.
This judgment has the potential to have wide ranging implications, particularly given the aging population in the UK and the number of people who provide care to family members. The court has confirmed that comparable commercial rates are to be treated as the starting point even in a domestic context, and so it is clear that the financial consequences for Estates and families of this decision may be significant.
Chris Bryden drafted the successful pleadings, and led Ben in resisting the Defendant’s unsuccessful application to the Court of Appeal for permission to appeal the liability judgment.
