In a recent judgment (PBC v JMA & Ors [2018] EWCOP 19), Her Honour Judge Hilder, Senior Judge at the Court of Protection, approved an application made by the attorney of a 72 year old lady, to make a gift of £6m to himself, from his mother’s c.£19m estate, in order to mitigate the impact of IHT upon his mother’s eventual death.
Vanishing economic growth – Part 2
Ian Gunn continues his look economic growth.
Crackpot theories
Ian Gunn hears echoes from the 1980’s and 2020.
More cautionary tales
Ian Gunn considers the risk of automated vehicles.
Sick!
Ian Gunn considers the use of medical terms to describe economic and political woes
Guernsey Personal Injury Discount Rate Consultation
Richard Cropper and Professor Victoria Wass have submitted a joint response to the Guernsey Personal Injury Discount Rate Consultation
How bad will it get?
Another less than cheerful blog from Ian Gunn.
Clinical negligence reform – Part 3. alternatives to civil litigation
This is the concluding part of Ian Gunn's look at the evidence presented to the Health and Social Care Committee during its enquiry into clinical negligence reform.
The impact of war
James Rooney considers the immediate impact of the war in Ukraine for our clients
Clinical negligence reform – Part 2. Evidence from two eminent lawyers.
This is the second part of Ian Gunn's blog, in which he covers the oral evidence given to the House of Commons Select Health and Social Care Committee on 16th November 2021. This part covers the evidence of two Queen’s Counsel, Sir Robert Francis and Sir Ian Kennedy.
NHS Litigation: Reform or Revolution? Part 1 – financial background
Ian Gunn look at the House of Commons Select Committee on Health and Social Care considerations to the alternatives to litigation
2021 - What a year, but what next?
James Rooney reflects on the investment climate of the last 12 months and consider what might lie ahead for investors over the course of the next year and beyond
A festive message
From our very own Happy Santa, Ian Gunn
A herd of elephants in the room.
Ian Gunn considers the future of interest rates in the UK
No shortage of shortages
Ian Gunn joins the queue and finds Chaos Kong
Inflation - Where to next?
James Rooney considers the impact of rising UK inflation
ASHE Data 2021
26th October saw the release of the 2021 ONS Annual Survey of Hours and Earnings (ASHE).
LPAs under review
Government Consultation launched 20th July 2021
Trust who you tell
Ian Rowe considers the impact of the Trust Registration Service
Establishing a personal injury trust (PIT) where capacity to establish a trust is absent
James Rooney sets out the perfect solution to the LPA problem
Don't let the tax tail wag the investment dog
Old wine in a new bottle?
Ian Gunn tries to keep up with the changing face of money.
Sleep-in workers and the National Minimum Wage
Ian Gunn looks at the Supreme Court Judgment in Mrs Claire Tomlinson-Blake’s case against her employer, Mencap, which was handed down on 19th March 2021.
A billion here, a billion there, and pretty soon you’re talking real money…
Ian Gunn considers whether cash is still ‘real money’.
True accountability?
Ian Gunn considers the investigation of Dame Elizabeth Gloster into London Capital & Finance plc (“LCF”), a failed financial firm, and into the Financial Conduct Authority’s regulation of it. Her report was presented to Parliament at the end of last year.
RIP RPI?
Ian Gunn considers whether the Retail Prices Index finally to be laid to rest
Things are seldom what they seem, skim milk masquerades as cream
Investors would do well to bear in mind these words from Gilbert & Sullivan’s HMS Pinafore, since things are seldom what they seem in financial markets. Ian Gunn considers a couple of examples, past and present.
No big deal Brexit
Richard Cropper confirms that the feared post-Brexit risks have gone away.
'Reasonable Security' sustained for Gibraltar-based insurers
Richard Cropper notes the positive impact of the Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2020
Capital Gains Tax review is published
Ian Gunn takes another look at proposals for the reform of capital gains tax.
No Swift appeal to the Supreme Court
Richard Cropper understands that the Defendant in Swift will not be seeking permission to appeal to the Supreme Court
Security of periodical payments with Gibraltar-based insurers
Richard Cropper provides an update in respect of the 'reasonable security' of periodical payments provided by Gibraltar-based insurers.
Swift -v- Carpenter - permission to appeal has been denied
Attached is the Court of Appeal decision on costs and the further appeal.
COVID-19 and the Phillips curve
Ian Gunn considers the application of the Phillips curve in respect of the decision-making surrounding COVID-19
ASHE 6115 2020 - the results are in!
James Rooney sets out the extraordinary earnings data for ASHE 6115
A victory for financial sense in Swift -v- Carpenter
Richard reflects on the landmark Court of Appeal Judgment in Swift -v- Carpenter
Judgment in Swift to be handed down on Friday, 9th October 2020
The Judgment in highly anticipated case of Swift -v- Carpenter is to be handed down on Friday, 9th October 2020 at 10:30
Events, bogeymen and Rip Van Winkle
Ian Gunn reflects on ever-present risks for investors.
Court of Appeal Judgment in Swift still awaited
The 1st of October is here and there is no Judgment in the case of Swift -v- Carpenter
A tale of two, two trillions
Ian Gunn ponders whether the sharp rise in government debt is likely to trigger inflation
Temporary High Balance protection extended
Ian Gunn considers the change and how it impacts on personal injury claimants
Capital Gains Tax under review
Ian Gunn looks at the review of Capital Gains Tax (CGT)
Moving Swiftly on…
Ian Gunn reflects on Swift v Carpenter and accommodation claims.
The impact of the COVID-19 pandemic
Richard Cropper sets out his current views on the global pandemic.
Private Residence Relief (PRR) and Lettings Relief and the impact on property investment (Part 2)
Ian Gunn considers the introduction of Private Residence Relief (PRR) and Lettings Relief and the potential impact this might have on property investments.
Private Residence Relief (PRR) and Lettings Relief and the impact on property investment (Part 1)
Ian Gunn considers the introduction of Private Residence Relief (PRR) and Lettings Relief and the potential impact this might have on property investments.
I can see clearly now…
Ian Gunn looks ahead through Google tinted glasses.
Reflections on the demise of Woodford and the nature of managing investment funds.
Ian Gunn considers the risk of 'star worship'.
Be careful that your expert is indeed that!
Ian Gunn considers what makes a expert witness expert.
Changes to NS&I savings rates
On 2nd September 2019, National Savings and Investments withdrew from general sale its popular Guaranteed Growth and Guaranteed Income Bonds.
Sneaky, sneaky: Universal Credit slides a little nearer
Sneaking in, just days before the parliamentary recess, the government introduced regulations allowing the Universal Credit (UC) ‘managed migration’ pilot to begin and for the compensation of certain claimants forced over to the UC system.
Swift -v- Carpenter is to be live streamed next week
The Court of Appeal hearing in the accommodation claim case of Swift is to be streamed live
Our views on the new Discount Rate
Richard and Ian set out their views on the new minus 0.25% discount rate set by the Lord Chancellor under the Civil Liabilities Act
Welcome Changes to the Blue Badge Eligibility Criteria
The Blue Badge regulations will be amended from 30th August 2019, in England, for those with a hidden disability which limits their ability to walk safely.
Shooting Stars…
Ian Gunn ponders the woes of Woodford investors in the funds he managed.
Welsh Rates of Income Tax
From April 2019, the level of income tax paid by Welsh taxpayers will, to a degree, be determined by the Welsh Government. Rates may therefore vary from those paid by tax payers in England and Northern Ireland.
The rise and rise of Inheritance Tax
Richard Winward considers the increase in IHT receipts and the things to think about to mitigate the potential impact
Mixed Age Couples: Changes to Pension Credit and Housing Benefit
New rules came into effect this month for couples who are treated as ‘mixed-age’ under benefit regulations.
Richard Cropper has been invited to become a member of the Ogden Working Party
It is with great pride that we can announce that Richard Cropper has been invited to become a member of the Ogden Working Party, as it starts work on the 8th edition.
Why precision matters
Ian Gunn looks at two examples where precision matters.
Managing risk or volatility
Richard Winward considers the move for fund managers to manage within volatility limits rather than asset-type limits
To crystallise or not to crystallise, that is the question?
6th April 2015 was a significant day in financial services history, as it marked the start of ‘pension freedoms’.
Just not enough hours in the day
Richard and Ian set out PFP's policy on accepting new pre-settlement instructions
ASHE 2018 data published
The 2018 release of the Annual Survey of Hours and Earnings (ASHE), conducted in April 2018, was published on 26th October 2018.
Fudge and caramel; are they really that different?
James considers whether risk and volatility are the same or different, with the help of the Beastie Boys
Court of Protection approves gift of £6,000,000 to be made by an attorney, to himself, from his mother’s assets.
In a recent judgment (PBC v JMA & Ors [2018] EWCOP 19), Her Honour Judge Hilder, Senior Judge at the Court of Protection, approved an application made by the attorney of a 72 year old lady, to make a gift of £6m to himself, from his mother’s c.£19m estate, in order to mitigate the impact of IHT upon his mother’s eventual death.
Owning up: DWP finally admits official error for their failure to properly assess migrating ESA claims
The Department for Work and Pensions (DWP) made another climb down last month when it accepted the merits of the Judicial Review instigated by Child Poverty Action Group (CPAG) regarding thousands of Employment and Support Allowance (ESA) claimants’ historic entitlement to an income-related ESA award.
A decade has passed… already!
Ian Rowe considers where the last ten years have gone!
A right pickle
Ian Gunn considers the ramifications for PI claimants with a claim against a local authority.
You take the high road …. or a tale of two Bills.
Discount rate issues surface again.
What are the odds?
As the 2018 World Cup in Russia enters its fifth day and England are about to commence their campaign, James Rooney takes a light-hearted look at how quantitative analysis has been used by investment bank, UBS, to determine the potential winner of the tournament.
Thirty years on
It was my 30th birthday on 6th July 1988. However, that is a memorable date for a far more important reason. On that day, a massive explosion at the Piper Alpha oil platform, approximately 120 miles north-east of Aberdeen, killed 167 people. The total insured loss was reported as about £1.7 billion. It is the worst offshore oil disaster in terms of lives lost and industry impact.
The Stamp Duty Surcharge – the importance of getting things in the right order
Making financial transactions in the wrong order can be costly in relation to the tax implications that may arise.
Testing 1-2, 1-2.
In our December 2017 blog, we were hoping there would be Good Tidings following The House of Commons, Work and Pensions Select Committee enquiry into the claimant experience of Personal Independence Payment(PIP) and Employment and Support Allowance (ESA) applicants.
History lessons
Ian Gunn takes a long look at interest rates and why investors should be wary.
Introduction of Land Transaction Tax in Wales
In Wales, with effect from April 2018, Land Transaction Tax (LTT) will replace Stamp Duty Land Tax (SDLT).
General Data Protection Regulation (GDPR) and PFP
In May this year, Europe's data protection rules will undergo their biggest changes in two decades. Since they were created in the 90s, the amount of digital information we create, capture, and store has vastly increased. Simply put, the old regime is no longer fit for purpose.
Choosing the Right Solicitor to Purchase Your Property within a Personal Injury Trust
Conveyancing solicitors are all the same, aren’t they? Wrong.
What’s mine is yours
Using Marriage Allowance to reduce a tax bill.
The Civil Liabilities Bill
We received an update from the Ministry of Justice with regards to the proposed Bill this morning.
Data protection rules change is now imminent
In May this year, Europe's data protection rules will undergo their biggest changes in two decades. Since they were created in the 90s, the amount of digital information we create, capture, and store has vastly increased. Simply put, the old regime is no longer fit for purpose.
Discount rate
The Ministry of Justice have provided an update with regard to the response to the Justice Committee report in respect of the discount rate
Social Care Financial Assessments and Personal Injury Disregards
The Local Government Ombudsman (LGO) recently issued a very clear statement to local authorities regarding personal injury disregards and Deputyship cases during the financial assessment process for adult social care.
Claim a Power of Attorney refund
Refunds are being offered to those who may have been charged more than was necessary to apply to register lasting or enduring powers of attorney between 1 April 2013 and 31 March 2017.
A zero-sum game?
As the global elite gathered in Davos last month, Piers Morgan was also there, to interview President Trump.
Discount rate and Scottish periodical payments update
It was our understanding that the Ministry of Justice’s response to the Justice Committee’s report was due within 60 days of the report’s publication, which was on 30th November 2017.
Two decades of lost earnings growth?
In its response to the Autumn Budget last November, the Resolution Foundation, a ‘think tank’, painted a bleak picture of the outlook for the UK economy.
A New Year, a new crisis looming in the NHS
A new report, 'NHS continuing healthcare funding', published by the Committee of Public Accounts, highlights the difficulties people face accessing NHS continuing healthcare (CHC).
Working together
All too often specialists in their respective fields focus on their own discipline, or a problem at hand. Bringing these various disciplines together to produce a collegiate plan is necessary if the most beneficial long-term outcomes are to be achieved.
Good Tidings - will there be some good news for recipients of PIP and ESA?
Hopefully this will increase the chances of improvements to Employment and Support Allowance (ESA) and Personal Independence Payment (PIP).
Timing of Trust Establishment – Part 2
To reiterate the importance of considering trust advice at the most appropriate time, the following case study highlights one of the issues of deferring advice to too late a stage
What do tulips, an 18th century import/export company, railways, Japan and technology all have in common?
The answer, of course, is that all have at some point been the subject of a speculative bubble.
Show me the ... evidence!
The Justice Committee's report on the proposed discount rate legislation concluded, amongst other things, that there was insufficient evidence of over-compensation to justify the abandonment of Wells.
ASHE 2017 - the results are in!
The 2017 release of the Annual Survey of Hours and Earnings (ASHE), conducted in April 2017, was published on 26th October 2017.
Changes to the Work Capability Assessment for ESA and UC claimants
The government has recently announced changes to the reassessment criteria for the Work Capability Assessment (WCA) for some Employment and Support Allowance (ESA) and Universal Credit (UC) claimants.
Personal Injury Trusts – Getting Your Property in Order (post-Tribunal update)
For any regular visitors to the PFP blog page you may recall an article from 9th February 2017 dealing with the issue of placing properties within personal injury trusts and the room for error if suitable advice is not sought. This article sets out the journey through the Tribunal appeal and the decision notice issued.
The sequel is never as good as the original
MiFID II is set to be implemented on 3rd January 2018. What is it and what does it mean for investors?
Providing details of a PIT when applying for benefits
An interesting decision from the High Court indicates that clients with a Personal Injury Trust must provide whatever proof the council requests to support an application for Council Tax Reduction/Support.
I'm in with the in crowd, I go where the in crowd goes, I'm in with the in crowd, And I know what the in crowd knows …
Ian Gunn ponders the fashion for passive investing...
What happens to my personal injury trust when I die?
This blog considers the answer to one of the questions I am asked most often.
State pension age increase accelerated by seven years
Secretary of State for Work and Pensions, David Gauke, has on 19th July 2017 announced that the increase in the pension age to 69 will now take place seven years earlier than planned.
National Audit Office publishes ‘Investigation into NHS continuing health care’
The National Audit Office (NAO) has published the findings of its investigation into NHS continuing health care (CHC). The National Audit Office scrutinises public spending for Parliament and is independent of government.
Another new world: Discount rate legislation
On the 7th September 2017 the government published the outcome of the discount rate review and published draft legislation.
The impact of the new discount rate on public liability cases
Ian Gunn considers the impact of a negative discount rate on indemnifying claims against medical professionals, employers and defendants with public liability.
How to lose friends and alienate people.
This blog considers the impact of the General Election result and the impact on "strength and stability".
Stick or Twist?
This blog considers the changes to the Motability Scheme for clients who do not qualify for the enhanced rate mobility component following reassessment for PIP from DLA.
More Robert Downey Jr than Ironman!
Having signed up for an Ironman 70.3 for our 2017 charities, EFDS and Bamboozle, did Richard make it to the finish line?
The results are in!
The FCA initiated their “Assessing Suitability Review” in April 2016 in recognition of the important role they have to play supporting the sector in delivering suitable advice.
The New Trust Register - what it might mean for you
The new Trusts Register will provide a single point of access for trustees and their agents to register and update their records online, replacing the current paper 41G (Trust) form and the ad hoc process for trustees to notify changes in their circumstances.
Fighting for statutory entitlements for care
Compensation for injury will rarely, if ever, provide certainty that a claimant’s needs will be met for life. With the ever-tightening purse strings of Local Authorities, if a claimant is to receive the statutory funding to which they are truly entitled they will need to play a diligent game that amounts to little more than ‘cat and mouse’ to obtain a suitable care package that reflects their need.
What’s in a name?
Understanding the difference between independent, restricted and whole of market advice.
Impact of funding cuts on social care provision
A new report published by the Institute of Fiscal Studies (IFS) reveals the extent of cuts to social care provision. Councils across the UK have had their funding reduced by the government each year since 2010, leading to extensive cuts to social care.
Letting a property held via a Personal Injury Trust
This blog considers the issues with regard to purchasing a property for a family carer to live in and claim Housing Benefit to pay the rent.
I’m an MP, get me out of here!
As if the UK had not already had enough of being asked to vote in mindless television shows over the last decade (think Big Brother, Strictly Come Dancing, I’m a Celebrity et al), it is becoming apparent that the political arena is wanting its own fair share of the action too.
Happy New Tax Year!
The new tax year is not generally seen as a time for popping the champagne and welcoming in the dawn of a new financial year. However, we have provided a brief overview of some of the main reasons why this new tax year could provide some welcome 'resvolutions'.
The dawn of the new tax year is upon us!
We would like to take this opportunity to remind our clients of the importance of retaining the tax year-end documentation provided by the relevant institutions.
Funds held on client account and the effect on means-tested support.
Holding clients' damages on client account can be a wholly reasonable thing to do, but beware the potential impact on benefits entitlements.
Hatrick! Three benefit appeal successes in three days.
There were three good reasons to celebrate in March as PFP successfully represented clients, in respect of their Personal Independence Payment (PIP) appeals, and secured three successful outcomes, on three consecutive days.
Outcome of an HMRC consultation on part surrenders and part assignments of life insurance policies.
The outcome of HMRC's consultation on part surrenders and part assignments of life insurance policies is now complete. Rather than opt for the most simple and best-supported option from the consultation outcomes, an alternative has been adopted.
Many Happy (Stockmarket) Returns!
On 6th April 2017, the ISA as we currently know it celebrated its 18th birthday, but just how much could investors have benefitted from its ‘childhood’?
In the words of 10cc - The things we do for love
For those of you that have seen me recently and have noted that I have 'dropped a bit of timber', that's because I have been training for a half-Ironman, know as a 70.3 because that is the total mileage I have to cover in less than 8.5 hours. I am taking on this crazy (borrowing the ABI's definition of the new discount rate) challenge for two fantastic charities, the Bamboozle Theatre Company and the English Federation of Disability Sport.
The views of Sir Henry Brooke in respect of the discount rate decision
I thought I would share the views of Sir Henry, as published on his own website, with regard to the past, present and future of setting the discount rate.
PFP's views on the discount rate decision
This is the first of a series of posts about the Lord Chancellor’s decision to reduce the discount rate used in assessing lump sum awards in personal injury claims to minus 0.75%. As some have already observed, what was a discount is now an uplift.
Sell everything?
It is now just over 12 months since economists at Royal Bank of Scotland issued the stark warning to “sell everything” and brace for a “cataclysmic year”. They predicted that, during 2016, major stock markets could fall by a fifth, and oil could plummet to $16 a barrel. This Blog considers how good this prediction was.
Robbing Peter to pay Paul
In Manna v Central Manchester University Hospitals NHS Trust, [2017] EWCA Civ 12, the Court of Appeal considered two particular issues arising from a Roberts -v- Johnstone award for an additional property.
Periodical payments in Ireland come a step closer
With the publication of the Civil Liability (Amendment) Bill 2017 on 11th January 2017, periodical payments in Ireland have come a step closer.
Personal Injury Trusts – Getting Your Property in Order
Post injury, many clients will find their existing home unsuitable for their needs, possibly due to the impact of a disability or a need to relocate closer to the support network of family and friends. Those able to hijack their other heads of loss to secure a suitable property once the effect of Roberts-v-Johnstone has taken its toll, may have a myriad of decisions to consider in aiming to maximise their position and financial protection. This blog considers some of these options.
ESA: Potential Changes for New Claims in April 2017
From April 2017, the government plans to abolish payment of the work-related activity component for new Employment and Support Allowance (ESA) claims.
HMRC, Tax Credits and the Concentrix Scandal
Following the Parliamentary Work and Pensions Select Committee report in December 2016, The National Audit Office have just published their report into the shortcomings and lessons to be learned from Her Majesty’s Revenue and Customs (HMRC) contract with private outsourcing firm Concentrix.
No discount rate announcement on 31st January 2017
The Lord Chancellor has made an additional Regulatory Statement to the London Stock Exchange regarding the discount rate.
Personal Injury – The Importance of Estate Planning
This blog considers the importance of estate planning when meeting the needs of personal injury claimants post-settlement.
Changes to ESA and Permitted Work
It is possible for ESA claimants to engage in paid employment, under the ‘permitted work’ rules and retain entitlement and payment of their ESA award. This has proved invaluable to many PFP clients.
ABI lose JR to delay release of result of the discount rate review
Judgment was handed down this morning, which prevents the ABI from being able to delay the release of Lord Chancellor's review of the discount rate.
Prudential Regulation Authority see fit to increase deposit protection limit
Further to our blog on 5th January 2017, and as reported by the Bank of England on 16th January 2017, the PRA has confirmed that the FSCS protection limit will be increased to £85,000.
Prudential Regulation Authority propose to reset the deposit protection limit
As reported by the Bank of England on 21st November 2016 the PRA have set out proposals to reset the deposit protection limit to £85,000, with effect from 30th January 2017.
One-stop shop stop?
This blog considers the implications of the decision of Norris J in OH v Craven
Lord Chancellor's statement to the London Stock Exchange in full
Set out in this blog is the Lord Chancellor's statement to the London Stock Exchange in full.
Happy New Year!
We all just wanted to wish you a very happy and healthy 2017!
ABI launches Judicial Review to the Lord Chancellor's decision to review the discount rate
The ABI announced on the 19th December 2016 that it had launched a legal challenge of the Lord Chancellor’s decision to review the discount rate for personal injury damages, calling on the Government to complete its consultation and change the methodology before proceeding.
2016 ASHE 6115 calculations review
Most ASHE 6115 calculations have been carried out correctly to December 2016.
Keeping Mum
Refusing child benefit proves detrimental to the mother’s state pension benefits.
Government U-turn on Secondary Annuity Market
In the 2015 Budget, the Chancellor announced plans to extend pension freedoms to around five million people who had already bought an annuity with their pension pots. However, it seems like there have been second thoughts.
Ministry of Justice to announce the outcome of the review of the discount rate before 31st January 2017
Liz Truss has announced that the result of the review by the 31st January 2017.
St Helens MBC to challenge personal injury disregards for residential care
St Helens refuse to accept the Local Government Ombudsman's ruling that they must disregard personal injury damages held under the Order of the Court of Protection in respect of domiciliary care.
Life expectancy publications on the 'knowledge bank'
We have included all of the most important life expectancy reports, so that they are all in one place.
Deputyship and trusts at the Court of Protection
The case of Watt and ABC at the Court of Protection raises some very interesting issues with regards to the use of trusts rather than Deputyship for Protected Beneficiaries.
2016 ASHE data released
On 26th October 2016 I attended a seminar hosted by the Office for National Statistics covering the results and analyses from the latest Annual Survey of Hours and Earnings (ASHE).
Discount rate information
We have collected a wide range of documents with regards to the calculation of the discount rate and popped them in our 'knowledge bank'.
Useful periodical payments cases on our 'knowledge bank'
We think that there have been a number of useful Judgments in the past relating to periodical payments and they can be found on our 'knowledge bank'.