Irwin Mitchell fights care home to halt eviction of Alzheimer’s victim” />
Irwin Mitchell is taking a private care home operator to the House of Lords after it tried to evict an 83-year-old Alzheimer’s sufferer.
The personal injury powerhouse has taken Southern Cross Healthcare to England’s highest court in an historic case that could affect thousands of vulnerable people.
Irwin Mitchell is arguing that, by trying to evict the resident, who is female and known as ‘YL’, Southern Cross is breaching her human rights.
Medical experts have said evicting YL would increase the chances of her dying within six to eight weeks by around 25 per cent. The care home, however, has rebutted the claim on the grounds that it is not undertaking a public function.
Usually the Human Rights Act 1998 is only used against public bodies, meaning it would offer no protection to those who live in private care homes, who are at risk of eviction, abuse or neglect.
If Irwin Mitchell wins the case it could provide protection to 300,000 care home residents across the country.
Partner Yogi Amin from Irwin Mitchell instructed David Pannick QC of Blackstone Chambers, while partner Jeremy Allin from Lester Aldridge is acting for Southern Cross, instructing Beverley Lang QC of Blackstone as counsel.