Beattie v Secretary of State for Social Security,

Size: px
Start display at page:

Download "Beattie v Secretary of State for Social Security,"

Transcription

1 CASE ANALYSIS Income Support Capital to be treated as income - Structured settlement of damages for personal injury - Whether periodical payments that arise from the annuity are to be treated as income Beattie v Secretary of State for Social Security, Court of Appeal [2001] EWCA Civ 498, unreported Introduction Until the 1990s damages at common law were almost always paid by means of a lump sum, never a pension. It did not matter that the compensation was for losses that might be suffered in the future: both the monthly wage that the accident victim may have lost, and the continuing costs of care that would have to be met, were compensated by one large payment. There are many criticisms to be made of this lump sum system. For example, the uncertainty it creates, combined with the enormous responsibility for safeguarding the future that it demands, makes it a very worrying means of obtaining compensation. However, over the past ten years a new form of payment has made limited inroads into the lump sum. Over a hundred very seriously injured people each year now receive part of their compensation in the form of a pension derived from a structured settlement, and over a thousand of these arrangements have been made since they first began in this country. (See generally R. Lewis, Structured Settlements: The Law And Practice (1993) Sweet and Maxwell). This note considers the effect of the regular payments derived from a structure upon entitlement to income support. A structured settlement usually takes the following form. The defendant's insurer, having agreed a lump sum figure, will arrange to convert part of that sum into a series of periodic payments structured to accommodate the claimant s individual needs. The payments can be guaranteed to increase with inflation and to continue for the rest of the claimant s life. To fund this arrangement the liability insurer purchases annuities from a life office, and assigns the benefit of them to the claimant. Unlike the income which arises from the investment of a lump sum, the regular payments are free of tax in the claimant's hands. Originally this was because the Revenue accepted that they could be considered instalments of capital rather than income. Their tax-free status received statutory recognition in the Finance Acts of 1995 and The main advantages of a structured settlement are that it offers greater certainty and security compared to the traditional lump sum. The payments can be index-linked and may end only on the claimant s death. A structure relieves the claimant from the stress of having to invest and be responsible for a lump sum greater than most people will encounter in their lifetime. The arrangement can be especially advantageous financially if there is dispute about the claimant s life expectancy. In addition, it can be a very tax efficient means of securing continuing payment. Structures have proved especially attractive in cases of medical negligence where there are particular incentives for the National Health Service to self-fund the continuing payments without resort to the insurance market.

2 It is with regard to one of the lesser potential advantages with which this note is concerned. About ten years ago, when structures first became prominent, it was argued that if the capital were sheltered in a structure and if the Revenue took the view that the periodic payments consisted of capital and not income, the arrangement could enable the accident victim to retain entitlement to means-tested social security benefits. Many settlements were arranged on this basis. However, in the case under review, the Court of Appeal finds that the recipient of payments under a million pound structured settlement is not entitled to income support. Structured settlements have thus been dealt a blow, and a significant advantage seems to have been removed. It means that, in contrast to tax planning, benefits planning will not feature when the merits of a structure are being considered in future. However, the main advantages of such a form of settlement remain, and it would be unwise for any personal injury practitioner to ignore the potential benefits when settling a claim involving substantial future financial loss. Facts Charles Beattie was only 17 years old when he suffered severe brain damage and was made quadriplegic as a result of a car accident caused by the fault of another. The tragedy which occurred in 1987 changed not only his life but also those of his parents. With the help of nurses, they have looked after him at home for the past ten years. His affairs have been wholly managed by his father, appointed as his Receiver by the Court of Protection. In February 1992 his father made a claim on behalf of Charles for income support. He correctly stated that his son was then receiving no income. As a result income support was duly obtained. However, eight months later Charles was paid a million and a half pounds in damages. Some of this money was used to meet immediate needs, and some was placed in a contingency fund to deal with unexpected future requirements. The remaining two thirds of the award was paid into a structured settlement. This million pound structure produced index-linked payments of more than 5,000 a month, as well as payments of 10,000 every three years to cover the purchase of specialised equipment. In spite of these large sums the father continued to draw income support for his son. He did not supply details of the damages award to the Benefits Agency. This was because he considered, or was advised, that it was not necessary to do so because of the way in which the damages award has been set up. In particular, he believed that the continuing payments under a structure had no effect on his son s entitlement to income support. In 1996, when the Agency found out about the payments, the adjudication officer took a different view. Income support was stopped, although it was agreed not to seek recovery of any benefit overpaid because no wrongful failure to disclose information was involved. The practical effect of the refusal of income support was much greater for Charles than might appear. This was because his entitlement to the means-tested benefit was the passport to several other welfare benefits, including payments from the Independent Living Fund. The case was appealed to the Commissioner, Mr Howell, who found against the claimant in CIS 114/99 (starred decision 56/99). The case was then taken to the Court of Appeal, where the claimant was represented by a leading QC, unlike in the proceedings before the Commissioner where the father had appeared in person. All the professionals advising on the case did so on the basis of a conditional fee

3 agreement, and Frenkel Topping, the Manchester-based forensic accountants responsible for the great majority of structures, were involved in the appeal. The legal background The treatment of damages in relation to social security can be a complex matter, but certain basic rules are clear. Generally if capital exceeds 8,000, or income exceeds the applicable amount, no entitlement to income support exists according to the Income Support (General) Regulations 1987 (S.I No. 1967). However, a particularly generous exception applies where the value of a trust fund is derived from a payment made in consequence of a personal injury. The whole of the capital is then to be disregarded under reg. 46(2) and Sched. 10, para. 12, as discussed in CIS 368/94. Similarly, the capital value of the right to receive structured settlement payments is to be disregarded. Although the capital is disregarded from such personal injury monies, regular payments received by a trust may count as income for benefit purposes when the claimant receives it. Such income, if it exceeds the prescribed amount, may again prevent entitlement to benefit. However, by reg. 42(4)(a)(ii) income support may be retained if the trust makes payments to a third party in respect of other than ordinary living expenses not covered by income support, such as ineligible housing costs or items such as a holiday or personal possessions. By reg. 48(9) if the payments made to the claimant are irregular they may be taken to be capital and not income. Regulation 42 is a difficult provision to interpret but seeks to give the claimant further protection with regard to the income that a personal injury trust may receive. It begins by stating that the claimant is to be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to benefit. But then it makes an exception in favour of personal injury trusts. Broadly it states that the income received by such a trust is not to be taken to be in the possession of the claimant until he acquires it or could be expected to acquire it if an application were made. Finally, and of particular relevance in the present case, reg. 41 states: (1) Any capital payable by instalments which are outstanding shall, if the aggregate exceeds [ 8,000] be treated as income. (2) Any payment received under an annuity shall be treated as income. Decision Pill L.J. delivered the only judgment of the Court of Appeal. It was a short one consisting of seventeen paragraphs. He was in full agreement with the Commissioner that the payments arising under the structured settlement were to be taken as income, and that they were in excess of the prescribed amount and therefore there was no entitlement to income support. Even though tax law may treat the payments as being instalments of capital, they were to be viewed as income for these social security purposes.

4 According to the court, the key provision was reg. 41(2) as set out above. It prescribes, in unqualified terms, that all payments received under an annuity are to be treated as income. It was accepted in argument that the word annuity could be used in relation to the structured payments. However, this concession was not crucial to the decision because the court would have considered the true nature of the transaction no matter what word had been used. As a second possible reason for the decision the court considered that the payments could constitute capital payments by instalments and therefore they would be caught by reg. 42(1). However, the court preferred to treat them as an annuity and to rely on reg. 41(2). Having made this finding, the court agreed with the Commissioner that reg. 42 never came into play. According to the Commissioner, this was because there was no question of the claimant depriving himself of income to secure income support. Counsel had argued that a broader approach should be taken. However, Pill L.J. rejected this. Firstly, he dismissed reg. 42 in one sentence stating that it was concerned only with when a claimant could be treated as possessed of income he does not have, but that does not arise because the claimant does have regular income from the capital sum. Secondly, he rejected the argument that the Receiver could constitute a third party for the purpose of reg. 42(4)(a) as discussed above. Finally, he decided that a detailed review of reg. 42 and its relationship to Sched. 10 was inappropriate. No broad approach was to be taken. Comment The Court of Appeal often shows deference to the expert views of Social Security Commissioners, and it has been reluctant to interfere with their decisions too readily. So it proved in this case. Pill L.J. gave full support to the Commissioner s analysis, without finding it necessary to examine in detail the complex rules involved. Although it was perhaps unfortunate that the claimant did not have representation in the proceedings before the Commissioner, some have always doubted the basis in law upon which continued entitlement to income support was said to rest. Those doubts now have such substance that the claimant and his advisers have agreed not to appeal the case to the House of Lords. Whereas the Court of Appeal did not examine the policy background to the dispute, the Commissioner did devote a paragraph to justifying the legal position. He noted that the father s objective was to ensure that his son s normal living expenses would continue to be met by income support, leaving the damages award to pay for the extra expenses for nursing care and special needs. However, the Commissioner then pointed out that the assessment of damages, including compensation for the loss of earning power, in effect would have included payment for the claimant s own living expenses. He therefore objected to the clever wording of a structure in so far as it seeks to place the responsibility for ordinary living expenses on the general community via the payment of income support, rather than on the tortfeasor. In effect, the objection is that if there were entitlement to benefit there would be a duplication of payment. The inter-relationship of different compensation systems is at the heart of this dispute, the subject being capable of producing complex rules and wide-ranging discussions of policy. (These are examined in detail in R. Lewis, Deducting Benefits From Damages For Personal Injury (Oxford University Press, 1999)).

5 However, the policy objection in this case of avoiding duplication of payment does not get away from the fact that special needs trusts for personal injury exist and that special provision has been made for them in the rules relating to means-tested benefits. Recipients of damages awards are allowed to retain entitlement to income support under some types of arrangement. What is the rationale for this and to what extent have the rules which the personal injury practitioner is expected to apply been clearly thought out and drafted with the due precision? The answers are that the policy has never been discussed in any detail, and the rules have developed haphazardly, with obscure drafting and little inter-relationship. Structured settlement advisers have had to fit structures into these complex rules; no specific provision has been made for the new arrangements. Special needs trusts first developed to benefit children, but only for a limited period of time. Their use was expanded after the Hillsborough tragedy, and with little thought, the legal exemption has been given wider scope. However, there is almost nothing written about them in legal journals or books. Like structures once did, special needs trusts operate in the legal half-light, their existence only being noted at the odd specialist conference. Several hundred such trusts are in existence. Hundreds of thousands would exist if the details were widely known. One unfortunate firm of solicitors is presently being sued for failing to take account of the benefits offered by such a trust. Most practitioners must think: There but for the Grace of God. The effect that Beattie has upon special needs trusts has yet to be determined. At least the case may draw some much needed attention to scope and operation of the income disregard rules in relation to damages for personal injury. If so, the appeal will not all have been in vain. Finally, let us return to structured settlements themselves. It is important to repeat that Beattie removes only a minor advantage of a structured settlement. The many other reasons for stucturing remain in place. The most significant of these were noted by Pill L.J. in his final sentence before he dismissed the appeal: [W]hatever other considerations may apply in some cases, the approach by way of structured settlement adopted in this case does have the merit of providing the claimant with regular and quantifiable payments throughout his life. Richard Lewis, Professor of Law, Cardiff Law School, Cardiff University

GUIDE TO PERSONAL INJURY TRUSTS

GUIDE TO PERSONAL INJURY TRUSTS GUIDE TO PERSONAL INJURY TRUSTS Your guide to Personal Injury Trusts If you have been injured and are making a claim it could be some time before you are able to return to work or resume a normal life.

More information

What if I just spend all of my personal injury payment? 5

What if I just spend all of my personal injury payment? 5 INDEX Page number A. WHAT IS A PERSONAL INJURY TRUST? 1 B. ESTABLISHING WHETHER A TRUST IS REQUIRED What is community care support? 1 Which benefits are means-tested? 1 Do I need to become the beneficiary

More information

Personal Injury Trusts Frequently Asked Questions

Personal Injury Trusts Frequently Asked Questions Personal Injury Trusts Frequently Asked Questions 4 th Floor Statham House/Lancastrian Office Centre/Talbot Road/Manchester/M32 0FP Tel: 0161 886 8000/Fax: 0161 886 8002/Email: enquiries@frenkeltopping.co.uk

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction PERIODICAL PAYMENTS AND TERMINAL DISEASE Introduction 1. The litigation of cases involving those with terminal or potentially terminal disease presents numerous forensic difficulties to the litigator.

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

GADSBY WICKS SOLICITORS FUNDING THE CLAIM

GADSBY WICKS SOLICITORS FUNDING THE CLAIM FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes

More information

Compensation and its effect on social security. What is not treated as compensation?

Compensation and its effect on social security. What is not treated as compensation? factsheet Compensation and its effect on social security I This factsheet explains how receiving compensation may prevent you from receiving a social security payment, or you may have your payment reduced.

More information

Victims of Crime (Compensation) Regulations 2003

Victims of Crime (Compensation) Regulations 2003 Historical version: 18.12.2003 to 5.5.2004 Regulations disallowed South Australia Victims of Crime (Compensation) Regulations 2003 under the Victims of Crime Act 2001 Contents 1 Short title 2 Commencement

More information

Local Authority Circular (DH) (2009) 3, Charging Regulations and the 2009 CRAG

Local Authority Circular (DH) (2009) 3, Charging Regulations and the 2009 CRAG Briefing Note: Local Authority Circular (DH) (2009) 3, Charging Regulation and the 2009 CRAG published on the Department of Health Website, Monday 6 th April 2009 Mike Hurst, 17 th April 2009 It is important

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

R(SB)17/87 SUPPLEMENTARYBENEFIT

R(SB)17/87 SUPPLEMENTARYBENEFIT SUPPLEMENTARYBENEFIT NOTE ISSUED ON THE AUTHORITY OF THE CHIEF COMMISSIONER Resources moneypossessedby solicitorm agent for clientis actual, not notional,resourceof client;no speculationas to avoidancemeasures.

More information

LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011

LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011 LEVEL 3 - UNIT 15 - THE PRACTICE OF LAW FOR THE ELDERLY CLIENT SUGGESTED ANSWERS JANUARY 2011 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with

More information

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards Court of Protection Note The Court of Protection and Personal Injury Claims Simon Edwards 1. What happens when P brings proceedings for damages for personal injuries, those injuries being, substantially,

More information

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 Brain injury lawyers Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 Specialist brain injury solicitors Our brain injury

More information

Structured Settlements

Structured Settlements 1 Kelvin Thomson, MP Shadow Assistant Treasurer Grievance Debate Federal Parliament Canberra Australia Monday 26 June 2000 Structured Settlements Few people would not be moved by hearing the words of Sydney

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Scheme Of Compensation for Personal Injuries Criminally Inflicted

Scheme Of Compensation for Personal Injuries Criminally Inflicted Scheme Of Compensation for Personal Injuries Criminally Inflicted General 1. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme may pay ex gratia compensation in accordance

More information

Reform to Lost Years Damages in Mesothelioma Claims

Reform to Lost Years Damages in Mesothelioma Claims Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151

More information

Murrell v Healy [2001] ADR.L.R. 04/05

Murrell v Healy [2001] ADR.L.R. 04/05 CA on appeal from Brighton CC (HHJ Coates) before Waller LJ; Dyson LJ. 5 th April 2001. JUDGMENT : LORD JUSTICE WALLER : 1. This is an appeal from Her Honour Judge Coates who assessed damages in the following

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

Victims of Crime (Statutory Compensation) Regulations 2004

Victims of Crime (Statutory Compensation) Regulations 2004 Version: 21.10.2004 South Australia Victims of Crime (Statutory Compensation) Regulations 2004 under the Victims of Crime Act 2001 Contents 1 Short title 2 Commencement 3 Interpretation 4 Requirements

More information

CIS/3066/1998 OF THE COMMISSIONER

CIS/3066/1998 OF THE COMMISSIONER ..... - CIS/3066/1998 DECISION OF THE COMMISSIONER 1. This is an appeal, brought by the claimant with the leave of a Commissioner, against a decision of the Plymouth social security appeal tribunal dated

More information

Damages comprise of two main elements; solatium and patrimonial loss (special damages).

Damages comprise of two main elements; solatium and patrimonial loss (special damages). A note on damages in Personal Injury Cases Contents AnoteonDamagesinPersonalInjuryCases.1 Solatium 1 Whatisneededforaclaimofsolatium? 1 PatrimonialLoss(specialdamages)..1 Pastwageloss..2 Futurewageloss.2

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Scheme of Compensation for Personal Injuries Criminally Inflicted

Scheme of Compensation for Personal Injuries Criminally Inflicted Scheme of Compensation for Personal Injuries Criminally Inflicted General 1. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme may pay ex gratia compensation in accordance

More information

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09 Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Build a Secure Financial Future

Build a Secure Financial Future United of Omaha Life Insurance Company A Mutual of Omaha Company Build a Secure Financial Future With A Structured Settlement From United of Omaha MUGC9176_0412 Structured Settlements Designed to Meet

More information

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Fieldfisher provides a first-class service to clients. www.fieldfisher.com/personalinjury Freephone 0800 358 3848

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

STRUCTURED SETTLEMENT PROTECTION ACT. House Bill 5066 as enrolled Public Act 330 of 2000 Third Analysis (1-10-01)

STRUCTURED SETTLEMENT PROTECTION ACT. House Bill 5066 as enrolled Public Act 330 of 2000 Third Analysis (1-10-01) STRUCTURED SETTLEMENT PROTECTION ACT House Bill 5066 as enrolled Public Act 330 of 2000 Third Analysis (1-10-01) Sponsor: Rep. Andrew Richner House Committee: Family and Civil Law Senate Committee: Financial

More information

STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES.

STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES. STRUCTURED SETTLEMENTS THE BEST PEOPLE. THE BEST PRODUCTS. THE BEST PROCESSES. Page 2 WHAT IS A STRUCTURED SETTLEMENT? A structured settlement is simply a financial tool that allows you to have a portion

More information

NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT

NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT NEBRASKA PROPERTY AND LIABILITY INSURANCE GUARANTY ASSOCIATION ACT Section. 44-2401. Purpose of sections. 44-2402. Kinds of insurance covered. 44-2403. Terms, defined. 44-2404. Nebraska Property and Liability

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

For what pensionable salary is, you need to read the scheme. It is often gross basic salary (i.e. gross, but not counting overtime etc).

For what pensionable salary is, you need to read the scheme. It is often gross basic salary (i.e. gross, but not counting overtime etc). THE BASICS Understanding pension Schemes 1. There are two basic types:- (1.1) Final Salary Schemes (also known as defined benefit schemes). The deal here is that you get back a proportion of your final

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

Planning for Care Costs. The Options in Scotland

Planning for Care Costs. The Options in Scotland Planning for Care Costs The Options in Scotland For more information or to speak to one of our trained advisers please telephone our team on 0800 152 2037 Solicitors For Older People Scotland 1/7/2012

More information

CLAIMS HANDLING GUIDELINES. for CTP Insurers

CLAIMS HANDLING GUIDELINES. for CTP Insurers CLAIMS HANDLING GUIDELINES for CTP Insurers Initially issued 2000 Reissued: 1 July 2004; 18 September 2006; 1 July 2008; 1 October 2008, 1 May 2014 INTRODUCTION The MAA Claims Handling Guidelines (the

More information

Trustees liability 8.0 /35

Trustees liability 8.0 /35 Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to

More information

MOTOR INSURER S BUREAU OF IRELAND

MOTOR INSURER S BUREAU OF IRELAND MOTOR INSURER S BUREAU OF IRELAND COMPENSATION OF UNINSURED ROAD ACCIDENT VICTIMS Agreement dated 29th January 2009 between the Minister for Transport and the Motor Insurers Bureau of Ireland (MIBI) AGREEMENT

More information

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION

Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

Compensation and its effect on Social Security

Compensation and its effect on Social Security Compensation and its effect on Social Security This Factsheet explains how receiving compensation may prevent you from receiving a Social Security payment, or you may have your payment reduced. However

More information

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 Published by the STATES GREFFE for the HOME AFFAIRS DEPARTMENT Page - 2 CRIMINAL INJURIES COMPENSATION

More information

Hickman v Lapthorn [2006] ADR.L.R. 01/17

Hickman v Lapthorn [2006] ADR.L.R. 01/17 JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising

More information

3.09 Injury andassault

3.09 Injury andassault 3.09 Injury andassault This policy is about what happens if you suffer injury while at work and the actions that your and NICS must take if this occurs. The policy also details some of the payments that

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. This model agreement is in the process of being amended to take make it fully compliant with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You should refer

More information

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions

[05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions [05.05.19] Payments on Termination of an Office or Employment or a Change in its Functions Contents Sections 123 and 201, and Schedule 3 of the Taxes Consolidation Act, 1997 Updated April 2014 1. Introduction...3

More information

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways

More information

Open, Calderbank and Part 36 offers considerations and tactics

Open, Calderbank and Part 36 offers considerations and tactics Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in

More information

SETTLEMENT AGREEMENT AND RELEASE

SETTLEMENT AGREEMENT AND RELEASE SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Settlement Agreement") is made and entered into this day of, 2015, by and between: "Claimant" "Defendant" "Insurer" Recitals

More information

September 11th Victim Compensation Fund Payments Are Tax- Free

September 11th Victim Compensation Fund Payments Are Tax- Free September 11th Victim Compensation Fund Payments Are Tax- Free The Service has confirmed that periodic payments from the September 11th Victim Compensation Fund to victims of the terrorist attacks will

More information

[7.1.2] Compensation Payments in respect of Personal Injuries. (Exemption of Investment Income) Section 189 TCA 1997

[7.1.2] Compensation Payments in respect of Personal Injuries. (Exemption of Investment Income) Section 189 TCA 1997 [7.1.2] Compensation Payments in respect of Personal Injuries (Exemption of Investment Income) Section 189 TCA 1997 Updated January 2015 Other Reference Material: Leaflet IT13 This instruction also includes

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland Introduction As the representative body of Scotland s trade unions, STUC is keenly interested in ensuring that its affiliated

More information

A New Way To Assess Damages For Loss Of Future Earnings

A New Way To Assess Damages For Loss Of Future Earnings A New Way To Assess Damages For Loss Of Future Earnings Richard Lewis, Robert McNabb and Victoria Wass describe research which reveals claimants to have been under-compensated by tort This article summarises

More information

McKellar Structured Settlements Inc. STRUCTURED SETTLEMENTS 101

McKellar Structured Settlements Inc. STRUCTURED SETTLEMENTS 101 McKellar Structured Settlements Inc. STRUCTURED SETTLEMENTS 101 WHAT IS A STRUCTURED SETTLEMENT? The structured settlement is a financial package, designed to meet a particular plaintiff s needs. It does

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 SOCIAL SECURITY ADMINISTRATION ACT 1992

SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 SOCIAL SECURITY ADMINISTRATION ACT 1992 JMe Commissioner s File: CIS/422/l 995 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992 SOCIAL SECURITY ADMINISTRATION ACT 1992 APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION

More information

DECISION OF THE SOCIAL SECURITY COMMISSIONER

DECISION OF THE SOCIAL SECURITY COMMISSIONER B-..., DECISION OF THE SOCIAL SECURITY COMMISSIONER CIS1491311999 1. This is an appeal, brought by the claimant with the leave of a Commissioner, against a decision of the Plymouth social security appeal

More information

I have legal protection insurance do I need to use it?

I have legal protection insurance do I need to use it? Background Having a motorcycle accident is traumatic and can often entail substantial damage to your beloved motorcycle and serious injuries. If the accident was caused or contributed to by the bad driving

More information

For the reasons set out below, I believe that COLI arrangements produce inappropriate tax benefits. Specifically:

For the reasons set out below, I believe that COLI arrangements produce inappropriate tax benefits. Specifically: Statement of Andrew D. Pike * Associate Dean for Academic Affairs and Professor of Law American University, Washington College of Law before the Senate Finance Committee October 24, 2003 Mr. Chairman and

More information

GUIDELINES FOR CLAIMS FOR COMPENSATION FOLLOWING THE DEATH OF A WORKER

GUIDELINES FOR CLAIMS FOR COMPENSATION FOLLOWING THE DEATH OF A WORKER GUIDELINES FOR CLAIMS FOR COMPENSATION FOLLOWING THE DEATH OF A WORKER Release Date: 1 July 2014 Contact Person: Greta Madsen Contact Number: 03 9641 1830 Effective Date: 1 July 2014 1 Contents PREAMBLE...

More information

A Primer on Plaintiffs Structured Settlements

A Primer on Plaintiffs Structured Settlements A Primer on Plaintiffs Structured Settlements Structured settlements offer peace of mind, safety, and tax leverage. www.amicuscapitalservices.com (877) 9-AMICUS 2 All materials and techniques are protected

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

Credit Hire Update: Stevens v Equity Syndicate Management Limited [2015]

Credit Hire Update: Stevens v Equity Syndicate Management Limited [2015] Alerter Finance and Consumer Credit March 2015 Credit Hire Update: Stevens v Equity Syndicate Management Limited [2015] By In the most important credit hire decision since Bent 1, the Court of Appeal rules

More information

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation With effect from 20 April 2007, the Department of Constitutional Affairs has entered into a period of consultation

More information

Settlement agreements: A JD Law guide

Settlement agreements: A JD Law guide Settlement agreements: A JD Law guide Employment relationships do not always work out. Disputes between employees and employers arise for a variety of reasons. Often these disputes are dealt with between

More information

Learn More About Structured Settlements

Learn More About Structured Settlements Learn More About Structured Settlements For over 25 years, the federal government has recognized and encouraged the use of structured settlements in personal injury cases. Structured settlements have also

More information

Isle of Man Criminal Injuries Compensation Scheme 1983. (Incorporating amendments up to 1 st November 1996)

Isle of Man Criminal Injuries Compensation Scheme 1983. (Incorporating amendments up to 1 st November 1996) Isle of Man Criminal Injuries Compensation Scheme 1983 (Incorporating amendments up to 1 st November 1996) (Approved by Resolution of Tynwald 16 th November 1983) (As amended by Resolution of Tynwald 16

More information

CLAIMS MANAGEMENT POLICY

CLAIMS MANAGEMENT POLICY GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review

More information

Discrimination, Reputation, Mediation and Taxation: A v Revenue and Customs Commissioners by ERICH SUTER

Discrimination, Reputation, Mediation and Taxation: A v Revenue and Customs Commissioners by ERICH SUTER Discrimination, Reputation, Mediation and Taxation: A v Revenue and Customs Commissioners by ERICH SUTER Reprinted from (2009) 75 Arbitration 598-602 Sweet & Maxwell 100 Avenue Road Swiss Cottage London

More information

Appendix 2. South Somerset District Council. Council Tax Reduction Scheme

Appendix 2. South Somerset District Council. Council Tax Reduction Scheme Appendix 2 South Somerset District Council Council Tax Reduction Scheme Effective from 1 April 2013 Contents Page Glossary of Terms... 2 1.0 Introduction... 3 2.0 Prescribed Requirements... 3 Pension Age

More information

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process Work Injury Compensation Act A Guide to the Work Injury Compensation Benefits and Claim Process Foreword This booklet provides a brief guide to the Work Injury Compensation Act which replaces the Workmen

More information

Brain injury: A guide to compensation

Brain injury: A guide to compensation Brain injury: A guide to compensation Contents 1. Introduction 1 2. What is a brain injury? 2 3. How much compensation will I receive? 3 4. Medical care and rehabilitation 5 5. Funding your claim 6 6.

More information

Conditional Fee Agreement (CFA)

Conditional Fee Agreement (CFA) Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction

More information

CUR CURWOODS NEWS BULLETIN. Motor Accident Injuries Amendment Bill 2013

CUR CURWOODS NEWS BULLETIN. Motor Accident Injuries Amendment Bill 2013 CUR CURWOODS NEWS BULLETIN Background Motor Accident Injuries Amendment Bill 2013 The NSW State Government tabled the Motor Accident Injuries Amendment Bill 2013 (the Bill) on 9 May 2013. The Bill purports

More information

Periodical Payments after Thompstone

Periodical Payments after Thompstone Periodical Payments after Thompstone Revision 1. A lump sum award for future loss is bound to be inaccurate. It is impossible for the court to predict future events with accuracy. The uncertainty includes

More information

Periodical Payments. A Defendant s Lawyer s Perspective

Periodical Payments. A Defendant s Lawyer s Perspective Periodical Payments A Defendant s Lawyer s Perspective MICHAEL HARDMAN PARTNER BERRYMANS LACE MAWER LIVERPOOL PERIODICAL PAYMENTS Introduction The Courts Act of 2003 received Royal Assent on 20 November

More information

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

More information

MABS Guide to the Personal Insolvency Act, 2012

MABS Guide to the Personal Insolvency Act, 2012 MABS Guide to the Personal Insolvency Act, 2012 DISCLAIMER: This Guide is for general information purposes only and does not constitute legal, financial or other professional advice. Specific advice should

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

Accidents at Work. Everything you need to know

Accidents at Work. Everything you need to know Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous

More information

A Guide To Claiming Compensation For Clinical Negligence

A Guide To Claiming Compensation For Clinical Negligence A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

More information