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07 December 2012
Issue: 7541 / Categories: Case law , Law digest , In Court
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Court of Protection—Damages

KGS v JDS (by his litigation friend, the Official Solicitor) [2012] EWHC 302 (COP), [2012] All ER (D) 201 (Jan)

In most cases where an individual’s assets derived exclusively from a damages award for personal injury, when determining whether making an inter vivos gift was in his or her best interests, the factor of magnetic importance was likely to be the purpose for which the compensation was awarded and the assumptions upon which it was based. That was not confined to multiplicands and multipliers that had been applied in a specific case, but extended to the fundamental principles that underlined personal injury and clinical negligence litigation generally. It was not the function of the court to anticipate, ring-fence or maximise any potential inheritance for the benefits of family members on the death of a protected party, because that was not the purpose for which the compensation for personal injury was intended.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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