Nestor Personal Injury Newsletter Autumn/Winter 2007

It’s Autumn already and time once again for our Personal Injury Investment Newsletter, the fourth to date. As usual, there is much to report. Case law relating to periodical payments is developing and Personal Injury Trusts continue to tax the minds of practitioners as settlements approach – help is to hand with both….

First, we provide guidance on how proper consideration of Personal Injury Trusts can add value to settlements for vulnerable claimant groups – the elderly and the disabled. A case study helps illustrate the difficulties.

As regards periodical payments, partner Nick Martin, asks “Is Thompstone the Blueprint?” The article provides a thorough review of the issues arising in recent cases.

We continue our counterpoint series of articles, this time, challenging the way in which the law is developing relating to inflation-proofing of periodical payments. Engagingly entitled, “When Worlds Collide”, we consider how the standpoints of the legal profession and financial services differ – and perhaps why.

Finally, in “Case Report”, our guest contributor, Gerard McDermott QC of Outer Temple Chambers and 8 King Street, has provided us with a note on a case in which he was recently instructed – Ure v Ure – noteworthy because settlement was achieved on the basis of earnings related periodical payments by consent.

Our full range of services relating to periodical payments, Personal Injury Trusts and investment of damages awards is clearly set out on our website so please take a look. Our website also features our extensive library of articles as published in various legal journals – and our back catalogue of Newsletters.

If you have a specific query regarding a case, please contact one of the partners, as listed.

Andrew Sands – Partner

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