Personal injury

Solicitors’ costs assessed at nil for failure to advise on alternative forms of funding

The recent High Court decision in McDaniel & Co (a Firm) -v- Clarke [2014] EWHC 3826 (QB) has highlighted the need for a solicitor to advise a client on all types of funding that may be available to them to progress a claim. The consequences of not providing full advice to a client are that solicitors’ costs may be assessed at nil.

Loss of Capacity – Will my Conditional Fee Agreement be terminated?

In January 2015, the Court of Appeal considered whether the loss of mental capacity automatically terminated a Conditional Fee Agreement in the case of Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust. The Court of Appeal concluded that the Conditional Fee Agreement was not terminated as result of the claimant’s loss of mental capacity.

Personal injury trust

A personal injury trust is a way of allowing you to ring fence your compensation lawfully and legitimately. If you are looking to make a personal injury claim or you have received compensation in the last 12 months then it may be relevant to you.

Protect your compensation money and benefits with a personal injury trust

At present, if you receive compensation for a personal injury, the amount will be taken into account if you are assessed for means-tested benefits. One way of protecting both your compensation money and any benefit entitlements is to transfer the money into a personal injury trust, also known as a PI Trust. If you do this, you can receive both income and capital and the fund is not taken into consideration for the purpose of assessing you for benefits.

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