The following Private Client precedent provides comprehensive and up to date legal information covering:
This TRUST is made on [date]
[name] of [address] acting by [name] of [address] (the Litigation Friend) and
[name] of [address] and [name] of [address] (the Original Trustees)
This Trust is called [insert name] (the Trust).
This Trust is established to receive the compensation payment in respect of a personal injury to [insert name] (the Beneficiary) who lacks capacity to manage [his OR her OR property and financial affairs under the Mental Capacity Act 2005.
Legal proceedings [under Claim Number [insert number]] were issued following the personal injury and the payment of compensation was ordered on [date to be completed once order is made].
The Court of Protection (the Court), pursuant to the Mental Capacity Act 2005, ordered on [date to be completed once order is made] that the compensation be placed upon the terms of this Trust and that the Litigation Friend be author
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
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What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
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