In a recent judgement, the High Court has laid down principles that must be followed before it will pay out personal injury damages awards from the Court Funds Office (“CFO”) to a Claimants personal injury trust. The reasoning behind this finding is to protect Claimants who do not lack capacity but who have care and support needs to freely choose the use of a personal injury trust as an alternative to investment by the CFO.
The legal advisor to the Claimant must now demonstrate that the Claimant has received independent legal advice and that they have made a free and informed decision.
We have a large experienced Private Client team at Clarion who regularly advise on the drafting and administration of Personal Injury Trusts. If you are a PI lawyer, we are happy to work with you to offer a solution to you and your clients by providing expert independent advice. If you are a client who is making a personal injury claim and you would like to speak to somebody about the options for managing your compensation now and in future we are happy to talk with you at your convenience,
Please contact one of our Private Client lawyers on 0113 336 3427 or email us at firstname.lastname@example.org.
The full judgement for OH v Craven  EWHC 3146 (QB) can be found using the link below:
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