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29 September 2021 | Case Study | Nursing care case studies | Article by Lisa Morgan

Mr Eric Halloway from Kent

Mr Eric Halloway

Eric Halloway was diagnosed with Alzheimer’s disease and lived in care homes in South Kent from 2004 until he died in 2009. He sold his home to pay his care fees.

Mr Halloway suffered with severe dementia. He was also anxious and depressed, unable to communicate, incontinent and in pain. In 2012, Hugh James requested a full retrospective review of Mr Halloway’s period in care. In July 2016, an organisation working on behalf of the NHS concluded that Mr Halloway was not eligible for NHS funded care at the time.

Following numerous appeals and partial overturns, the case went all the way to an Independent Review Panel in January 2020. The panel decided that Mr Halloway was eligible for a full refund of all care fees. After 8 years of fighting, the family recovered a total of over £170,000 in settlement of the claim – all fees plus interest.

Eric Halloway

Eric’s son, Richard, said:

My father spent 22 years in the RAF – we felt it wrong that he should have been forced to sell his home and use his savings to fund his care. This process has taken 8 years to complete. I urge other families not to be swayed by the system.

Author bio

Lisa Morgan


Lisa Morgan is a Partner and Head of the Nursing Care department. She is regarded as an experienced and specialist solicitor leading in the niche area of continuing healthcare.

She has been instrumental in developing a niche legal department in Hugh James, which comprises of 40 fee earners who solely act for the elderly and families in recovering wrongly paid nursing fees.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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