Q&As

Can a claimant recover costs from a professional deputy or are these costs part of special damages?

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Published on LexisPSL on 01/05/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can a claimant recover costs from a professional deputy or are these costs part of special damages?

Where the claimant is a protected party under the jurisdiction of the Court of Protection, the past and future fees charged by the Court of Protection can be included in the claim. Additional fees will be incurred if a deputy has been appointed to make decisions regarding the claimant's property and financial affairs. These fees and expenses can be included in the schedule of past and future loss and damage as heads of damage.

Commentary: Running things for the claimant: Butterworths Personal Injury Litigation Service [1498] states:

‘If there is a professional deputy in place, he or she should be asked

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