Claims involving a mentally incapacitated claimant—investment of damages
Claims involving a mentally incapacitated claimant—investment of damages

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

  • Claims involving a mentally incapacitated claimant—investment of damages
  • Funds under £50,000
  • Funds above £50,000
  • Releasing funds

Where money is recovered on behalf of a protected party, the court may give directions providing that it will be wholly or partly paid into court and invested, or dealt with in another manner.

Where money is recovered on behalf of a protected party, before giving directions regarding control of the money, the court will first consider whether the protected party is a protected beneficiary, ie a protected party who lacks capacity to manage or control the money recovered for them in proceedings. It may be that an individual lacks capacity to conduct proceedings, but does not lack capacity to manage or control the money recovered as a result of those proceedings. It should always be noted that these are two quite separate and distinct questions. In advance of any application for the appointment of a deputy by those representing a person they believe to lack capacity to control or manage, the money recovered for them in the proceedings will be required to obtain medical evidence in support. The medical expert/s should be asked to address the key questions going to the issue of the claimant’s capacity in relation to t