Q&As

What is the procedure to have the court set up a personal injury trust for a minor under CPR 21.11 and what forms and evidence are required and how should this be presented to the court? Who is the settlor of a personal injury trust for a minor?

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Published on LexisPSL on 05/02/2021

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

  • What is the procedure to have the court set up a personal injury trust for a minor under CPR 21.11 and what forms and evidence are required and how should this be presented to the court? Who is the settlor of a personal injury trust for a minor?

What is the procedure to have the court set up a personal injury trust for a minor under CPR 21.11 and what forms and evidence are required and how should this be presented to the court? Who is the settlor of a personal injury trust for a minor?

We have assumed that:

  1. the person is a child under the age 18 but that they will not lack capacity to make decisions when they reach 18

  2. damages have been recovered following a trial in a personal injury claim

We refer you to the resources below in considering this question.

CPR 21.11 states:

'(1) Where in any proceedings –

(a) money is recovered by or on behalf of or for the benefit of a child or protected party; or

(b) money paid into court is accepted by or on behalf of a child or protected party, the money will be dealt with in accordance with directions given by the court under this rule and not otherwise.

(2) Directions given under this rule may provide that the money shall be wholly or partly paid into court and invested or otherwise dealt with.'

CPR 21.11(2) enables the court to direct the payment of money to a bare trust.

The Queen’s Bench Guide, at 13 addresses Children and Protected Parties. 13.33–13.35 states:

'13.33. Unless there is a professional deputy

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