Wills & Trusts Law Reports | Summer 2017 #168ABC was awarded £1.5m in settlement of personal injury proceedings in the QBD. ABC executed a revocable personal injury settlement in January 2015 to receive interim payments of damages and to preserve his entitlement to state funded care. In June 2015 the applicant was appointed by the Court of Protection to be ABC’s deputy, on the basis that he lacked capacity to manage his property and affairs. There were difficulties and issues relating to the extent of ABC’s capacity which had arisen in the context of the QBD proceedings, but had not been resolved. The deputy made an app...
Wills & Trusts Law Reports | January/February 2017 #166This was an application to the Court of Protection concerning whether substantial damages awarded to ABC in a personal injury claim should be paid to and administered by ABC’s property and affairs deputy or should be held on revocable trust.
In prior litigation it had been common ground that ABC lacked litigation capacity but his capacity or the extent of his capacity to manage his financial affairs with appropriate support had been in dispute. This dispute was not decided due to the matter being settled. Subsequently a deputy was appointed by the Court of Protection upon th...
In her concluding article, Araba Taylor looks at issues that arise following personal injury ‘Managing the property and affairs of incapacitated clients is best considered as an inter-disciplinary matter, where the trusts and Court of Protection expertise of the private client team can offer real support and assistance to the PI team.’ Clients without capacity …
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Lynne Bradey considers the test for capacity It is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will lose the capacity to deal with their own affairs. Where that is the case, the majority of injured people will lack the capacity to appoint an …
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