Tag: Hilder
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Navigating Direct Payments After Lumb: What Deputies Need to Know
Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 has become a lightning rod for scrutiny across Court of Protection practice. At its core, the case raised a deceptively simple question: can a professional deputy act as the recipient of direct payments (DPs) and charge P for related management, without express…
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Reverse Indemnities in Personal Injury Settlements: Key Takeaways from BJB [2024] EWCOP 59 (T2)
Reverse indemnities require claimants who receive damages for personal injury to avoid “double dipping”—using both damages and state-funded support for care costs. If a claimant seeks state support, they often must repay the defendant. These indemnities aim to prevent overcompensation, ensuring resources are fairly used. However, they can be challenging to enforce, especially as claimants’…
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The Impact of OH v Craven: Proposing Balanced Solutions for PI Trusts
The judgment in OH v Craven [2016] EWHC 3146 (QB) has stirred significant debate within the legal community, particularly among personal injury lawyers and their clients. The ruling mandates that counsel’s advice be sought when establishing PI trusts, especially when the applicant solicitors’ firm is also acting as professional trustees, in an attempt to negate…
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In the Spotlight: Re PW and Its Implications for Deputies
The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to…
Jessica Jarvis 