Q&As

Can a claimant who lacks capacity have the damages paid into a Personal Injury trust rather than a deputyship?

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Published on LexisPSL on 20/11/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a claimant who lacks capacity have the damages paid into a Personal Injury trust rather than a deputyship?

Where an individual is in receipt of damages following a personal injury (PI) claim, the court (either the Court of Protection or the court hearing the PI claim) may need to decide whether to approve the establishment of a PI trust or the appointment of a deputy.

We refer you to the Practice Note: The Court of Protection versus personal injury trusts, which looks at the pros and cons of deputyships versus PI trusts, and discusses the circumstances in which the Court of Protection is likely to authorise the establishment of a PI trust instead of a deputyship.

The key cases in which this issue has been considered are SM v HM and Watt v ABC. In SM v HM, it was held that deputyship should be taken as the norm for the due

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