Nick Leech and Andrew Sands build on their article in October’s issue with further exploration of the traditional lump sum award versus periodical payments ‘All in all, the proposition that claimants would be better off with lump sum awards is incorrect.’ Despite all that has been written about the present discount rate and its impact …
Continue reading "Investment: The discount rate – debunking the mythology"
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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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Wills & Trusts Law Reports | January/February 2014 #136In 2007 the defendant Mr Jimenez (J) became involved in the development of a golf course in France and gathered together a number of investors including the claimant Mr Wise (W), then a close friend of his, who provided £500,000 to invest in the project. The money was procured by means of a loan from Coutts and Co of £350,000 together with funds from two other accounts held by W. It was transferred to the account of a dormant company, the second defendant, CD Investments Ltd (CDI) set up by W and now in liquidation, and hence to an account with HiFX in J’s name in the form of €...
Andrew Sands and Nick Leech explain what is involved in setting up an investment strategy aimed at ensuring that lump-sum awards of damages last as intended ‘Once the claimant’s capital and income needs have been ascertained, the remaining balance must be managed on a sustainable basis. One of the principal factors is establishing the attitude …
Continue reading "Investment: Managing damages awards post settlement"
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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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Nick Leech and Andrew Sands outline recent developments in the protection of cash balances, and the impact for personal injury victims ‘The increase is welcome, but is not nearly enough to provide an adequate level of protection for those in receipt of substantial personal injury awards.’ Much of the economic and financial news over recent …
Continue reading "Investment: Increase in protection for cash balances"
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