Personal injury trusts

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Practice notes
What is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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9th Nov
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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9th Nov
Practice notes
General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...
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9th Nov
Practice notes
The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...
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9th Nov
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...
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9th Nov
Practice notes
IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...
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Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan
Practice notes
DefinitionsFraudDefined in Derry v Peek as where it is shown that:'a false representation has been made (1) knowingly, or (2) without belief in its...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...
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9th Nov
Practice notes
The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...
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9th Nov
Practice notes
Nature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates...
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9th Nov
Practice notes
Pre-action protocol for low value personal injury claims in road traffic accidentsThe protocol applies to all road traffic accident (RTA)...
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9th Nov
Practice notes
The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...
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9th Nov
Practice notes
The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...
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9th Nov

Most recent Personal injury trusts content

Practice notes
Types of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in the context of the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
Inheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of personal injury trust or another...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
IntroductionIt is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Precedents
This TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend) and2[name] of [address] and [name] of...
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14th Feb
Q&As
A living injured claimant who has received agreed damages or a court award, whether by way of interim payment or final compensation, may enter into a...
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Produced in partnership with Andrew Wilson 4th Feb
Q&As
For the purpose of this Q&A we have assumed that in setting up or authorising the setting up of a personal injury trust, the claimant wished to...
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Produced in partnership with Andrew Wilson 8th Jan
Q&As
Personal Injury Trusts (PIT) are utilised by claimants with capacity, to protect means-tested benefits to which they are presently entitled; or to...
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Produced in partnership with Colm Nugent of Hardwicke 8th Jan
Q&As
Solicitors owe a duty to their clients in common law and under contractual obligations. Solicitors are also governed by the principles set out by the...
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7th Dec
Precedents
This TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend) and2[name] of [address] and [name] of...
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29th Nov
Precedents
This TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and [name] of [address] (the Original...
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29th Nov

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