The Court of Appeal has dismissed the appeals brought by defendant health authorities against the decision that periodical payments in respect of future care should be indexed to the ASHE (Annual Survey of Hours and Earnings) 6115 index rather than the RPI (Retail Prices Index) as provided for by s 2(8) Damages Act 1996. Indexation for future care costs should now be on the basis of the ASHE 6115 and the opportunities for defendants to resist such an order in the future will be limited. The Court of Appeal refused to give the defendants permission to appeal but they are likely to petition the House of Lords for permission (Thompstone v Thameside & Glossop Acute Services NHS Trust).