Claims involving a mentally incapacitated claimant

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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
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 12th Jan
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
Precedents
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
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
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
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...
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Produced in partnership with Andrew Wilson 12th Jan
Practice notes
Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...
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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%. The new discount rate came into effect on 5...
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Produced in partnership with Louise Thomson 12th Jan
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 Claims involving a mentally incapacitated claimant content

Practice notes
This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...
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13th Apr
Practice notes
Control of money recovered by a protected partyKey terms in CPR 21 include:•‘lacks capacity’ means lacks capacity within the meaning of the Mental...
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9th Apr
Practice notes
Payments into court are now made in only limited circumstances. These may include:•following an infant settlement•where some protection is required...
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9th Apr
Practice notes
Persons under a disabilityClaimants under a disabilityFor the purposes of the Limitation Act 1980 (LA 1980) a claimant is under a disability while...
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9th Apr
Practice notes
The litigation friendA protected party means a party, or an intended party, who lacks capacity to conduct the proceedings within the meaning of the...
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26th Feb
Practice notes
When court approval is requiredAny settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has...
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25th Feb
Practice notes
Defining mental capacityA person lacks capacity in relation to a matter if, at the relevant time, they are unable to make a decision for themselves in...
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25th Feb
Q&As
Any interim payment ought to be made directly to the deputy. Before doing so, the approval of the Court must be obtained.Capacity, protected parties...
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Produced in partnership with David Peters 24th Feb
Q&As
If an application is required for the payment out of money from a fund administered by the Court of Protection, that application must be made to the...
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Produced in partnership with Peter Edwards of Devereux Chambers 15th Feb
Q&As
The starting point is that once there is a litigation friend acting on behalf of a party then they cannot be displaced by someone else also wishing to...
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Produced in partnership with Rebecca Jones of Hardwicke 15th Feb
Q&As
CPR 21.10 requires the court’s approval for any ‘settlement, compromise or payment’ to be valid. There is no specific mention of discontinuance in any...
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Produced in partnership with David Green of 12 King's Bench Walk 15th Feb
Q&As
The normal rule in personal injury cases, as is very well known, is that any claim for personal injury must be brought within three years of the...
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Produced in partnership with Ross Beaton of Lamb Chambers 15th Feb
Q&As
The witness statement must contain details of the success fee and include details of the six matters specified in CPR PD 21 para 11.3. In addition, in...
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Produced in partnership with David Peters 15th Feb
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
We have assumed that the protected party is an adult.The rules relating to remissions and part remissions of Court of Protection fees are set out in...
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4th Feb
Practice notes
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...
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15th Jan
Q&As
Pursuant to CPR 21.10, where a claim is made by or on behalf of a child or protected party, or against a child or protected party, no settlement,...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
We refer you to the below commentary from Butterworths Personal Injury Litigation Service at 26 Assignment of CFAs > Death of a litigation friend...
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5th Jan

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