Andrew Sands and Nick Leech advocate greater use of periodical payments aided by case law, old and new ‘The ground work laid by the Thompstone cohort of cases should be built upon to widen the use of periodical payments.’ A brief reminder of the benefits of settlement inclusive of periodical payments is always a good …
Continue reading "Investment: Wider use of periodical payments – it’s not impossible!"
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Harry Trusted investigates the economic factors that have influenced the approach to valuation for catastrophic injury claims ‘The increasingly desperate state of western economies produces the severest problems for those who cannot tailor their lives to deal with events. Badly disabled claimants cannot take investment risks because they need their care and they have no …
Continue reading "Development Of Quantum: Comparative awards of damages"
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Wills & Trusts Law Reports | April 2012 #118In 2001 the patient, J, received a settlement of £2,090,000 damages in respect of cerebral palsy suffered as a result of complications at the time of his birth in 1991. Of this, £1,611,222 was attributable to his future care needs. J is an only child. His father was born in 1959 and his mother in 1962. He lives with them in a house bought in October 2000 for £349,950 from an interim payment that is held by his parents and Mr Smyth (S), his receiver (now the deputy) as his trustees. Its current value is estimated at £675,000. J’s life expectancy was originally assessed in 1998 as la...
Andrew Sands and Nick Leech provide guidance on allocation between capital sum and periodical payments in high-value cases ‘Because of their inherent value, periodical payments should be closely considered, along with maximising state benefit entitlements, prioritising needs and cutting coat to available cloth. The allocation process, therefore, is just as relevant in such circumstances.’Periodical payments …
Continue reading "Maximising Awards: Allocation, allocation, allocation"
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Andrew Sands and Nicholas Martin examine the issues relating to the discount rate and conclude that a reduction in the rate should be inevitable ‘Reality means that life expectancy is always, by its very nature, an estimate so will be wrong. This introduces mortality risk, which if the claimant lives longer than expected means that …
Continue reading "Investment: Lack of return"
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Julian Matthews looks at the latest authorities concerning the discount rate ‘The computation of continuing losses in clinical negligence and personal injury claims is entirely dependent upon the assessment of the multiplier. Traditionally the multiplier was assessed by the courts on the basis of precedent.’ In early November 2010 the Lord Chancellor announced a review …
Continue reading "Clinical Negligence: The Damages Act 1996"
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