Personal injury trusts

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Practice notes
Credit hire—an introductionReplacement vehicles and hire generallyWhere a driver’s vehicle has suffered damage in an accident sufficient for it to...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Was the damage foreseeable?The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach...
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19th May
Practice notes
CRU certificates—recoverable benefits and lump sum paymentsSeparate legislation covers the recovery of NHS charges. For guidance on requesting and...
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19th May
Practice notes
Duty of care and breach in clinical negligence claimsThe duty of careA medical practitioner owes a duty of care to their patient. This duty is to take...
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Produced in partnership with Andrew Ritchie QC of 9 Gough Chambers 19th May
Practice notes
Vicarious liability in the course of employment—the close connection testTo identify the circumstances in which a court may find an employer to be...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Untraced drivers and the role of the MIB—for accidents occurring on or after 1 March 2017NOTE: For accidents after 1 March 2017 the Motor Insurers'...
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19th May
Practice notes
Drafting schedules of loss in PI and clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the...
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Produced in partnership with Louise Thomson 19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Psychiatric injury—secondary victimsWhat is a secondary victim?A primary victim is a claimant who was directly involved as a participant in the...
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Produced in partnership with Andrew Wilson 19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Low Velocity Impact RTAs—in detailIntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Military claimsBackgroundIt is helpful to put the law relating to military claims into historical context.Until 1987, section 10 of the Crown...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May
Practice notes
Fixed costs in road traffic accident claimsPre-Action Protocol for Low Value Personal Injury Claims in Road Traffic AccidentsThe protocol applies to...
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19th May

Most recent Personal injury trusts content

Q&As
Can trustees of a personal injury bare trust make gifts to third parties out of the trust fund if directed to do so by the beneficiary of the...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
Can compensation for a fatal injury be added to a Personal Injury Trust to protect the recipient's current and/or future entitlement to means tested...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
Can settlement monies from a wrongful birth claim go into a personal injury trust?A personal injury trust is characterised by the source of its...
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31st Jul
Q&As
Can a solicitor recover their costs of setting up a personal injury trust on behalf of a claimant?Personal Injury Trusts (PIT) are utilised by...
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Produced in partnership with Colm Nugent of Hardwicke 31st Jul
Q&As
Is a solicitor under a duty to advise a claimant on their investment options when they receive substantial personal injury damages if they are not...
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31st Jul
Practice notes
The Court of Protection versus personal injury trustsIntroductionIt is a sad fact that in many personal injury cases, particularly those involving the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 31st Jul
Practice notes
Personal injury trustsTypes of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 31st Jul
Practice notes
Tax and the personal injury trustInheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 31st Jul
Precedents
Personal injury bare trust—childThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend)...
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30th Jul
Precedents
Personal injury bare trust—mentally capable adultThis TRUST is made on [date]Parties1[name] of [address] (the Settlor) and2[name] of [address] and...
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30th Jul
Precedents
Personal injury bare trust—mentally incapable adultThis TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the...
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30th Jul

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