Wills & Trusts Law Reports | Spring 2024 #194The plaintiffs were three of the four children of the deceased, who died in 2015. They contended that the deceased lacked capacity when making wills in 2004. Instructions for the wills had been taken by the defendant, who had prepared them and supervised their execution. Had the wills not been made, the deceased’s estate would have passed to the plaintiffs and their sibling, subject to a life interest in realty for the deceased’s widow; the effect of the wills was to confer on the widow additional benefits. Following the death of the deceased, the plaintiffs and their sibling challenged ...
Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to the accommodation conundrum.’ At 38.204, McGregor on Damages …
Continue reading "Accommodation claims: Behind the times"
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Patrick Limb QC provides practical advice on how and when to make offers following the lowering of the discount rate ‘Those acting for claimants – particularly where for some of the most seriously injured individuals, the approval of the court will be required – have considered it to be an unpalatable and (too) risky a …
Continue reading "Discount Rates And Offers: Now is the summer of our discount rates"
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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"
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A sign of movement in the discount rate saga takes the form of a Consultation Paper, inviting those with an interest in personal injury claims to respond by 23 October 2012. Andrew Sands and Nick Leech analyse the dual approach that the Consultation appears to be taking. If the methodology is changed to considering returns …
Continue reading "The Discount Rate: Damages"
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Harry Trusted investigates the economic factors that have influenced the approach to valuation for catastrophic injury claims ‘The increasingly desperate state of western economies produces the severest problems for those who cannot tailor their lives to deal with events. Badly disabled claimants cannot take investment risks because they need their care and they have no …
Continue reading "Development Of Quantum: Comparative awards of damages"
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