Claims involving a mentally incapacitated claimant

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Practice notes
Future loss of earnings—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor...
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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
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
Liability under the Animals Act 1971—all other animalsAll animals except those that belong to a dangerous species (all non-dangerous animals) are...
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19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Precedents
[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE][[SPECIFY DIVISION]][[INSERT LOCATION] DISTRICT REGISTRY]Claim No:Between[Insert...
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19th May
Practice notes
Damages in clinical negligence claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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Produced in partnership with Renée Wood 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
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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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
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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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 Claims involving a mentally incapacitated claimant content

Q&As
Does a litigation friend’s witness statement in support of an application for court approval need to include details about the level of success fee...
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Produced in partnership with David Peters 31st Jul
Practice notes
Disability, fraud, concealment and mistake—sections 28 and 32 of the Limitation Act 1980Persons under a disabilityClaimants under a disabilityFor the...
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31st Jul
Practice notes
Claims involving a mentally incapacitated claimant—court approvalWhen court approval is requiredAny settlement, compromise or payment arising from a...
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31st Jul
Q&As
What is the procedure for obtaining an order from the court for release of settlement funds when a claimant no longer lacks capacity?If an application...
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Produced in partnership with Peter Edwards of Devereux Chambers 31st Jul
Q&As
Can a claimant recover costs from a professional deputy or are these costs part of special damages?Where the claimant is a protected party under the...
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31st Jul
Practice notes
Payments into courtPayments into court are now made in only limited circumstances. These may include:•following an infant settlement•where some...
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31st Jul
Practice notes
Mental capacity in personal injury claimsDefining mental capacityA person lacks capacity in relation to a matter if, at the relevant time, they are...
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31st Jul
Q&As
Are Court of Protection application fees payable where the client’s only funds are derived from a personal injury award and held under deputyship? Or...
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31st Jul
Q&As
Is court approval needed for the discontinuance of a litigated personal injury claim where the claimant lacks capacity and is advised to discontinue....
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Produced in partnership with David Green of 12 King's Bench Walk 31st Jul
Q&As
Where a claimant in proceedings (which have settled) lacks capacity and a deputy has been appointed, can an interim sum be paid direct to the deputy...
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Produced in partnership with David Peters 31st Jul
Q&As
Does the limitation period continue to run when an adult claimant who lacked capacity because of an injury sustained as a result of negligence,...
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Produced in partnership with Ross Beaton of Lamb Chambers 31st Jul
Q&As
If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul
Q&As
Can a solicitor make an application to the court under 21.7 to substitute a litigation friend where contact has been lost with the said litigation...
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Produced in partnership with Rebecca Jones of Hardwicke 31st Jul
Q&As
Does a pre-1 April 2013 CFA with a client’s litigation friend still apply if the litigation friend subsequently needs to be replaced post 1 April 2013...
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31st Jul
Practice notes
Identifying and responding to the needs of vulnerable clientsSolicitors and law firms often provide legal services to clients who are going through...
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31st Jul
Practice notes
Procedural requirements for a PI claim involving a protected partyThe litigation friendA protected party means a party, or an intended party, who...
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31st Jul

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