header-logo header-logo

14 August 2008 / Nicholas Bevan
Issue: 7334 / Categories: Features , Personal injury
printer mail-detail

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)”,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll