Personal injury trusts

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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
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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9th Nov
Practice notes
Background and frameworkPurpose of a provisional damages awardWhen the court makes a once and for all lump sum award, it is designed to cover both...
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Produced in partnership with Andrew Wilson 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
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...
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9th Nov
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 9th Nov
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 9th Nov
Practice notes
Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...
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9th Nov
Practice notes
Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...
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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
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 Louise Thomson 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
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 16th Nov
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 16th Nov
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 16th Nov
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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28th Sep
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 28th Sep
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 28th Sep
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 28th Sep
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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27th Sep
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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26th Sep
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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26th Sep

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