A protected party is a person who lacks capacity and is unable to make decisions for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain.
A protected party will include children.
If a protected party has an accident caused by the negligence of a third party, a Court claim can only be started with the appointment of a “litigation friend” to run the case on behalf of the protected party. This is because a compromise of the claim with a protected party is not binding unless and until it is approved by the court.
If a litigation friend cannot be found, the court can appoint someone to act in that capacity.
Depending on the potential value of the claim, it will be made in either the High Court or the County Court.
Because a protected party lacks capacity and is unable to make decisions for themselves, there is no statutory time limit to bring a claim for compensation following an accident caused by someone else.
If a claim brought by a protected party is successful and compensation is awarded by the Court, the question then arises whether they are a protected beneficiary, that is, a protected party who lacks capacity to manage and control any money recovered. This may require the appointment of a “Deputy” by the Court of Protection to conduct proceedings on the protected party`s behalf. A deputy should also normally be appointed as the litigation friend and must file an official copy of the Court of Protection order with the court when applying for approval of a settlement.
Before applying to the Court to approve a settlement of a claim, the first step is to apply to the Court of Protection for the appointment of a Deputy. An opinion from a barrister concerning the merits of the settlement must be obtained and filed with the Court that is to consider approving the settlement. If the barrister advises that it is a good settlement, then the Court will usually approve it.
Here at Hubbard Pegman & Whitney, our personal injury expert, John Cunningham has undertaken and successfully concluded complex accident claims for protected party`s with severe mental and physical issues. John is acutely aware of the tremendous responsibility required for these claims and how they can affect the wider family.
We can offer to act for a protected party under a no win no fee agreement and John will always be willing to discuss these issues with you. For more information and to see if John can be of assistant to you please call on 0208 735 9770 or email jc@hpwsolicitor.co.uk
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