Claims involving a mentally incapacitated claimant

Claims involving a mentally incapacitated claimant guidance:

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...

Precedents

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...

Precedents

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...

Practice Note

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...

Practice Note

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...

Practice Note

Defining mental capacity A person lacks capacity in relation to a matter if, at the relevant time, they are unable to make a decision for themselves in relation to the...

Practice Note

Payments into court are now made in only limited circumstances. These may include: • following an infant settlement • where some protection is required either on behalf...

Practice Note

The litigation friend A protected party means a party, or an intended party, who lacks capacity to conduct the proceedings within the meaning of the Mental Capacity Act...

Practice Note

Background As a result of the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the abolition of legal aid (except in...

Practice Note

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...

Precedents
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