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PI Brief Update

The Court of Protection and Personal Injury Cases - Lynne Bradey, Wrigleys

03/10/12. For the personal injury litigator, the Court of Protection and mental incapacity is not something that can be ignored.  No matter how strong the desire to duck/ignore the issue, it is something which the litigator will have to get to grips with, not least because the issue of capacity to conduct a claim will be absolutely vital but also because in cases where a professional deputy needs to be appointed to administer the affairs of the injured person, Court of Protection costs will form part of the claim for damages.  The aim of this article is to set out the possible directions for the administration of the client's affairs and discuss the practical implications of those.  It will of course be necessary to involve a specialist, whether that be a colleague or somebody from another firm, but this article should at least provide the road map to enable practitioners to do that.

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.