OH v Craven
 [2018] WTLR 275

Wills & Trusts Law Reports | Spring 2018 #171

Two applications were before the Court, involving the proceeds of personal injury actions that had been paid into the Court Funds Office following compromises. During each action and its compromise, the claimant was represented by a litigation friend: for OH, as a minor, and for AKB, lacking in litigation capacity.

OH’s litigation friend applied to the Court for payment of the proceeds of his compromise (just under £2m) to a trustee to hold them on the terms of a bare trust for his benefit. The trustee was to be a trust corporation that was incorporated and operated by his litigat...

SM v HM 11875043/01

Wills & Trusts Law Reports | March 2012 #117

HM was born on 3 April 2004 and suffered from cerebral palsy following injuries she sustained during her birth. She was likely to lack capacity on reaching 18 and it was agreed that the Court of Protection had jurisdiction over her property and affairs. Proceedings against the relevant NHS trust for damages were compromised in 2010. The level of compromise damages was much less than the real level of HM’s likely care needs owing to leading counsel’s advice that her claim stood only a 25% to 33% prospect of success.

On 10 September 2010, District Judge Ashton had refus...