The Court of Appeal judgment in Ilott v Mitson highlights the problem of quantifying reasonable financial provision for the adult child under s2 of the I(PFD)A 1975. Miranda Allardice explains ‘To some the passing of wealth outside the immediate family is anathema; to others it is a valuable freedom.’ The issue of quantum in the …
Continue reading "Quantum: Of greatest benefit?"
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Wills & Trusts Law Reports | May 2014 #139This was an appeal against quantum in an application under the Inheritance (Provision for Family and Dependants) Act 1975. The deceased was called Melita Jackson and the appellant was her estranged daughter.
The proceedings had a protracted history. There was an initial hearing of the claim in front of District Judge Million on 7 August 2007. He found as facts that the appellant and her husband and family lived modestly in a housing association house. They were heavily dependent on state benefits. The appellant did not work and her husbands income was small. The family’s ...
Nigel Cooksley QC and Rosalie Snocken identify the problem areas and advise against settling too early ‘If funds can be made available then do not “make do”. Even if there is a compromise on liability due to litigation risk or contributory negligence, obtain an interim payment, engage a case manager and put into effect the …
Continue reading "Quantum: Maximising damages in brain injury cases"
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Ian Peters and Richard Cropper discuss the comlexities of a recent settlement ‘This is a tragic case and Barbara’s life has been changed forever. However the efforts of her legal team have allowed Barbara to return to home to the love and affection of her family.’ This article explains the case of a Brazilian national …
Continue reading "Quantum: Periodical payments to a foreign jurisdiction"
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Wills & Trusts Law Reports | December 2011 #115
Mr and Mrs C lived together with their family in the property that they had bought and owned jointly. Mr C went bankrupt for the first time in 1996. Mr C’s trustee in bankruptcy sold his half share of the property to Mrs C for £8,000 in 1998 and thereafter Mrs C owned the full beneficial interest in the property, subject to the original mortgage. In 2002 the property was remortgaged. The funds derived paid for the repayment of the original mortgage, the costs of remortgaging, £2,000 was used to pay off a personal debt of Mrs C and the remainder was used to renovate the propert...
Stuart Mckechnie gives practical tips on how to optimise claims ‘Traditionally, the costs of commercial care have increased year-on-year at a higher rate than conventional inflation.’ The schedule of loss is the most important quantum document in any serious clinical negligence case. This article provides guidance on how to construct such a schedule and maximise …
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Ben Hicks offers tips to defendants on how to attack schedules of loss ‘A counter schedule is the defendant’s opportunity to present its own interpretation of the evidence and to put forward its own calculation and assessments of the value of the claim.’ Whilst trite, it is worth starting any consideration of how to successfully …
Continue reading "Quantum: Minimising the value of special damages claims"
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