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.
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.
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
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
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.
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.
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
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
Moving Swiftly on…
Ian Gunn reflects on Swift v Carpenter and accommodation claims.
Be careful that your expert is indeed that!
Ian Gunn considers what makes a expert witness expert.
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
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.
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.
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.
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.
The Civil Liabilities Bill
We received an update from the Ministry of Justice with regards to the proposed Bill this morning.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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'.