Wills & Trusts Law Reports | May 2016 #159This judgment was supplemental to an earlier judgment of Charles J in this case delivered last year ([2015] EWCOP 87). PJV suffered significant cognitive and behaviour problems as a result of non-accidental head injuries he experienced as a baby. His mother made a claim under the Criminal Injuries Compensation Scheme (CICS) for an award in respect of this injury. PJV lacked capacity under the Mental Capacity Act 2005 to litigation or to accept an award from the Criminal Injuries Compensation Authority (CICA). It was determined that the award would be held for PJV on trust as a c...
Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …
Continue reading "Interim Payments: Room for rent"
This post is only available to members.
Bill Braithwaite QC discusses the difficult issues that arise ‘The basic principle is that professionals must respect the views and wishes of the family. The difficulty which pervades this aspect of a claim is that families only come to a considered position after much experience and, often, heart-searching.’Future care is almost always the most substantial …
Continue reading "Advocate’s Advice: Care in catastrophic claims"
This post is only available to members.
Ben Hicks offers tips to defendants on how to attack schedules of loss ‘A counter schedule is the defendant’s opportunity to present its own interpretation of the evidence and to put forward its own calculation and assessments of the value of the claim.’ Whilst trite, it is worth starting any consideration of how to successfully …
Continue reading "Quantum: Minimising the value of special damages claims"
This post is only available to members.
