It is not unusual for a family member, like a son/daughter, to take care of another family member, such as a parent. The care is not free if the carer and the person being cared for have agreed to enter into a contract for the services provided.
Where there is a binding contract for services, in the absence of agreement on remuneration/consideration or records (such as professional care records and formal time sheets), the starting point for assessing reasonable charges is comparison with probable cost of obtaining the same/similar service on the open market, having regard to the objective intention of the parties. The court will then consider the:-
- Scope/nature, intensity and duration of the services;
- Understanding between the contractual parties; and
- Family background/status.
Background of Rogers v Wills [2026] EWHC 2231 (Ch)
The Claimant (who had trained as a nurse and was married to a retired doctor) cared for her mother, Sheila, in her home during the late years of Sheila’s life. Sheila died in April 2020 and the Claimant’s brother, Andrew, was appointed the executor of Sheila’s estate. The Claimant made a claim against Andrew seeking £135,000 (i.e. £150 per day for 900 days) for the care under contract and unjust enrichment. The liability trial was held in 2025 and the Court held that contemporaneous evidence showed that the Claimant and Sheila had entered into a binding contract on or around 2 November 2017 for care at a reasonable price, with Sheila insisting the claimant be ‘paid properly’ for looking after her. The quantum-only trial was held in 2026. Andrew disputed the amount of care provided and proposed payment based on National Joint Council for Local Government Services rates ranging from two hours per day in 2017 at £9.66 per hour to three hours per day in 2020 at £11.01 per hour, less 20% discount for income tax and National Insurance, aggregating £17,195.88.
Decision
The Court held that:-
- The Claimant cared for Sheila for 850 days from contract formation to around 2 November 2017;
- The nearest commercial comparator was live-in carer services at £154 – £257 per day, or six hours daily care at £180 per day, all excluding board, lodging and travel; and
- The claim succeeded and awarded judgment in favour of the Claimant in the sum of £127,500 for 850 days of care at £150 per day from 2 November 2017 until Sheila’s death on 19 April 2020, plus interest.
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and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
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