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14 August 2008 / Nicholas Bevan
Issue: 7334 / Categories: Features , Personal injury
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Future proof (2)

Auguring the future. Nicholas Bevan concludes his analysis of Thompstone

Severely injured claimants may not be receiving appropriate legal and financial advice on the alternative compensatory options available to address their future losses. The financial implications flowing from the lump sum/periodical payments dilemma can be profound. Where legal and financial advisers fail to give due consideration to these factors, they will expose themselves to the risk of professional negligence claims.

Low interest in periodical payments

Master Denzil Lush recently observed, in the preface to Future Loss in Practice: Periodical Payments and Lump Sums, that in two-thirds of damages cases submitted to the Court of Protection the claimants' legal advisers had failed to commission a financial adviser's report. That is an alarming statistic because it seems reasonable to assume that many personal injury practitioners are ill-equipped to provide the detailed financial advice and comparative analysis necessary to enable a claimant to make an informed decision.

The shortcomings of the lump sum award were touched upon in the first article in this series (see “Future proof?(1)”,

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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