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Local authority – Charging for care accommodation. Sheriff Court: In an action in which a local authority sought to recover £42,750 from the defender in respect of care accommodation provided to a third party, contending that the defender had received a gratuitous alienation of an asset by the third party, made knowingly and with the intention of avoiding charges for the accommodation, the court repelled the pursuer's preliminary plea that the defence was irrelevant because the pursuer's determination that heritable property had been disposed of in order to avoid or decrease the amount the third party might be liable to pay for her accommodation could be challenged only by judicial review in Court of Session, and it allowed parties a proof of their respective averments.
Local authority – Charging for care accommodation. Sheriff Court: In an action in which a local authority sought to recover £42,750 from the defender in respect of care accommodation provided to a third party, contending that the defender had received a gratuitous alienation of an asset by the third party, made knowingly and with the intention of avoiding charges for the accommodation, the court repelled the pursuer's preliminary plea that the defence was irrelevant because the pursuer's determination that heritable property had been disposed of in order to avoid or decrease the amount the third party might be liable to pay for her accommodation could be challenged only by judicial review in Court of Session, and it allowed parties a proof of their respective averments.
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By David Green
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