In the face of insurers’ objections to the new discount rate, Bill Braithwaite QC explores its basic principles ‘In my opinion, when you analyse the approach by the Government Actuary and the Lord Chancellor, you can see that they have carried out an impartial and fair process, trying to do justice when faced with starkly …
Continue reading "Advocate’s advice: Nothing to complain about"
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Catriona Stirling and William Latimer-Sayer QC look at some of the key areas of the law in relation to quantum of personal injury damages which they consider to be in need of reform ‘If a head of loss is pecuniary in nature, it should be open to all claimants to advance a claim for it, …
Continue reading "Assessment of damages: Paying unfair"
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Andrew Davis and Juliet Stevens investigate fair compensation for a room of one‘s own ‘The court‘s task in relation to future accommodation is to make an award which ensures a claimant can live in appropriate accommodation for the rest of their life, at no extra cost to themselves and without the burden of borrowing too …
Continue reading "Future accommodation: The end of the Roberts v Johnstone award?"
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Jennifer Stone, Nick Leech, Andrew Sands and Nick Martin reflect on the implications of the change in the discount rate ‘An investor placing capital into ILGs and holding the investment until the redemption date (date of maturity) is at today’s prices guaranteed to have less purchasing power with that money than they had at the …
Continue reading "Periodical Payments And Lump Sums: A lifetime commitment"
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Bill Braithwaite QC explains multipliers and the future of the discount rate in personal injury compensation ‘Almost every penny of compensation is allocated to a specific need in the future. Take away the money, and the therapy and support stop, and the claimant and his or her family can no longer afford to live in …
Continue reading "Advocate’s Advice: Discount rate delight or disaster"
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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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Christopher Sharp QC explains why Knauer v Ministry of Justice marks a fundamental change in claims for future loss of dependency in fatal accident cases ‘The decision in Knauer was not unexpected but it is to be welcomed. It is to be hoped that a similar opportunity to have the Supreme Court review the position …
Continue reading "Legal Principle: Overturning the Cookson defect"
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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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Andrew Sands and Nick Leech advocate greater use of periodical payments aided by case law, old and new ‘The ground work laid by the Thompstone cohort of cases should be built upon to widen the use of periodical payments.’ A brief reminder of the benefits of settlement inclusive of periodical payments is always a good …
Continue reading "Investment: Wider use of periodical payments – it’s not impossible!"
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Wills & Trusts Law Reports | April 2013 #128Miss Buckley executed an LPA on 7 September 2010, appointing her niece, C, as her sole attorney for property and affairs. The LPA was registered on 17 January 2011.
On 20 April 2012, the Office of the Public Guardian (OPG) received a complaint about the attorney’s handling of Miss Buckley’s finances and initiated a formal investigation. The OPG instructed a Court of Protection General Visitor to see Miss Buckley, following which, on 23 October 2012, interim orders were made by the court for suspension of the LPA and other protective measures in relation t...
