Personal Injury Update Newsletter Spring/Summer 2009

Welcome to the Spring/Summer edition of our Personal Injury Damages Newsletter, the first for 2009.

Given the volatility in investment markets and the reduction of the Court of Protection Special Account to 3%, our first item, “Calling all Deputies”, asks what approach should be taken to investment. Trustees will also find the debate relevant.

“The Discount Rate – Same Old Story” highlights the increasing gap between compensation paid by way of periodical payments as against lump sum awards, and asks, is now the time for the Lord Chancellor to act?

Moving on, our piece entitled “Periodical Payments – Too Good to Ignore”, shows why that statement is true with the help of two case studies. Case studies are not needed, however, to demonstrate the value of periodical payments, particularly when set against present market conditions which only exacerbate the effects of the discount rate. Appropriate financial advice in all high value cases is the sensible approach.

A further case study draws together many factors involved in Personal Injury Trusts. The resulting illustration makes a compelling case for proper advice. Finally, “Common Pitfalls in Settling Periodical Payment Cases” does exactly what it says on the tin by addressing the technicalities involved in drafting Final Orders, along with complexities of the ASHE data.

We hope that you enjoy our Newsletter. As ever, feedback is welcome.

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