Watt v ABC [2016] EWHC 2532 (COP)

Wills & Trusts Law Reports | January/February 2017 #166

This 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...

Ross v A [2015] EWCOP 46

Wills & Trusts Law Reports | April 2016 #158

A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...