In our latest episode of Soundbites we focus on a seminal High Court judgment handed down in February 2026: R (CGT) v West Sussex County Council. The decision considers whether a local authority may refuse Care Act 2014 social care funding, or seek to recover previously paid care costs, on the basis that an injured claimant has funds held in a personal injury trust.
Our returning guest Rachel Burley Stower, who was instructed by CGT in the case, joins host Emma Lyons to reflect on the judgment and its wider implications. Drawing on her direct involvement in the proceedings, Rachel provides practical insight into what the ruling means for claimants, trustees, deputies and advisers supporting individuals with substantial personal injury awards.
In the discussion Emma and Rachel explore:
- The High Court’s reasoning and key findings in R (CGT) v West Sussex County Council
- How personal injury trusts should be treated for Care Act funding assessments
- Practical lessons for those supporting injured clients in securing and retaining local authority funding
- The broader implications for future recovery actions by local authorities.
Following the judgment, Nichola Fosler published What does the decision in CGT v West Sussex County Council mean for clients with personal injury awards?, a detailed analysis of what the decision means in practice for clients with personal injury awards.
This Soundbites episode will be of particular interest to practitioners advising vulnerable clients, trustees of personal injury trusts, case managers and all those involved in the funding and provision of long‑term care following serious injury.
Watch the full episode
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