The Court held that the Motor Accidents (Lifetime Care and Support) Act 2006 did not abolish Griffiths v Kerkemeyer damages for lifetime participants in the LCS Scheme. A participant retains entitlement to recover G v K damages (as modified by s 128 MAC Act) from the CTP insurer for gratuitous attendant care services provided up to the date of judgment, provided the LCS Authority has not paid for or accepted a legal liability to pay for those services. However, future G v K damages are excluded by s 130A of the MAC Act because the LCS Authority is obliged to provide for future attendant care needs. The LTCS Guidelines imposing a blanket ban on funding family members for inactive sleepovers were held invalid as inconsistent with the LCS Act, and the mother of the injured plaintiff was held to have standing to bring a quantum meruit claim against the LCS Authority for gratuitous services provided.
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