This Settlement is dated this[•] day of[•] 20[•] and made between: Parties 1 [name] of [address] (the Settlor); and 2 [[name] of [address]; and [name] of [address] (the...
This Declaration of Trust is dated this [•] day of [•] 20[•] and made between: Parties 1 [[Name] of [Address] (the Initial Trustees); and] 2 [[Name] of [Address] (the...
Appointing a litigation friend The court may make an order appointing a litigation friend. An application for an order appointing a litigation friend can be made by the...
The actions of children are not judged by the same standard as adults. The relevant principles were set out in Honnor v Lewis: (1) children below a certain age are...
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 August 2019....
This Practice Notes sets out the important issues and steps to be considered, preferably with the input of counsel. Indeed, one of the important early considerations is...
First meeting and early stages In a case of severe injury, it is very important that the practitioner should meet with the claimant and family at an early stage. This...
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 August 2019. This...
Definition of catastrophic injury It is common for practitioners to categorise only the most severe of injuries as 'catastrophic' injury. This might restrict the...
Claims against schools by pupils can arise in a number of ways, including pupils: • being injured due to condition of premises • injuring each other or themselves • being...
Court directions for investment Where, in any proceedings, money is recovered on behalf of a child, the court may give directions to provide that it will be wholly or...
When court approval is required Any settlement, compromise or payment arising from a claim on behalf of, or against, a child is not binding unless it has been approved by...
Any claim in connection with a fatality will be based on either or both: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934), which gives the deceased’s...
When court approval is required Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been approved by...
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...
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 August 2019. For...
A child is any person under the age of 18. Litigation friends In civil proceedings, a child must have a litigation friend to conduct the proceedings on their behalf...
This Practice Note sets out practical considerations when managing these types of claims, followed by an overview of common types of injury to children occurring during...
STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness...
Produced in partnership with Ali Malsher of Anthony Gold Solicitors STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6...
A limited class of people who were dependent in some way on the deceased (ie dependants) are entitled to bring a claim under the Fatal Accidents Act 1976 (FAA 1976). See...
A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the investigation process...
Elements of a fatal accident claim There are two different elements to a fatal accident claim: • the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows...
Solicitors and law firms often provide legal services to clients who are going through some of the most difficult times in their lives. Some of these clients may be...
Causes of action When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for: • the benefit of the...
Persons under a disability Claimants under a disability A claimant under a disability is someone who is either: • under 18 years of age, or • of unsound mind as defined...