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  • Overview

    What is a Personal Injury Trust?

    A personal injury trust is an arrangement where your trustees hold a personal injury award on your behalf. It normally acts as a form of financial protection to individuals who have capacity and therefore are not under the Court of Protection. One advantage is so that you can retain your entitlement to means tested benefits. This allows you to protect the damages you’ve received following a personal injury claim. If money is needed from the trust, the trustees must agree to its release.

    Trustees are normally close friends and relatives. Many people also choose to have a solicitor as one of their trustees because an independent party can take an objective view if issues arise as to how the trust fund is spent.

    Please see our information sheets, 'Personal Injury Trusts' and 'Personal Injury Trusts: Advantages of a professional trustee'.

    How our Court of Protection lawyers can help with Personal Injury Trusts

    Our team will be able to:

    • Advise you of the options and whether a Personal Injury Trust is right for you
    • Set up a trust
    • Draft the trust deed
    • Advise on who to appoint as trustees
    • Act as a professional trustee and manage the day-to-day running of the trust
    • Appoint new trustees
    • Assist in the removal of existing trustees.
       

    Our Court of Protection and Trust Management expertise

    We have one of the largest specialist Court of Protection teams in the country and a dedicated Trust Management Team. We have the expertise and resources to deal with any matters concerning setting up and operating personal injury trusts on behalf of injured and vunerable clients.

    Eddie Fardell, Martin Terrell and Brian Bacon are highly regarded experts, with over 50 years experience between them. All three are recognised as leading individuals by Chambers and recommended lawyers by The Legal 500. Eddie and Martin are on the Court of Protection User Group and Martin Terrell is on the panel of external Deputies. They regularly receive direct referrals from the Court and other professionals.

    Our specialist Court of Protection lawyers give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the person who has received the personal injury award.

    Further help

    www.gov.uk/court-of-protection

    Free initial consultation

    Call us on 01892 510000 to arrange a free initial consultation. We’ll clearly explain the options and the processes involved with the Court of Protection in the setting up of Personal Injury Trusts.

  • Related Client Stories

    How the consistency of a professional deputy can help someone with a brain injury

    P was 14 years old when, in 1998, he was involved in a road traffic accident. He made good progress in hospital as a result of intensive neurorehabilitation, but the cognitive, emotional and behavioural consequences of his acquired brain injury were considerable. 

  • Latest Updates

    Representing an adult who has cognitive deficits following a road traffic accident when they were six

    P was involved in a road traffic accident in 2001 when she was just six years old.  As a result of the accident, P suffered a severe brain injury. P made a remarkable recovery from her injuries, but has been left with some cognitive deficits.  She struggles with organisation, budgeting and planning.  She can be very impulsive and disinhibited.  She also suffers from fatigue.

    Staffordshire County Council v SRK and others: implications for deputies and local authorities.

    The decision of Mr Justice Charles in the case of Staffordshire County Council v SRK [2016] EWCOP 27 has impacted on the practices and responsibilities of professional Deputies in cases where there is a substantial and privately funded care regime.  This article addresses the key facts and the impact this will have on deputies and the Court.

    Thomson Snell & Passmore’s nationally ranked Court of Protection team awarded The Legal 500 UK 2015 firm of the year

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded The Legal 500 UK 2015 firm of the year. 

    Nationally ranked Court of Protection team awarded The Legal 500 UK team of the year 2015

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

    Thomson Snell & Passmore retains place on national panel and is shortlisted for prestigious STEP Private Client Award

    We are pleased to announce that Martin Terrell, a Partner in the Court of Protection Team, has been reappointed by the national Office of the Public Guardian to its new panel of deputies.

  • Know How

Get in touch

Brian Bacon is a 'very experienced practitioner who offers good-quality advice'.

Client

"His guidance and understanding of our day to day obstacles mean that we feel we are certainly in the right hands.”

Chambers UK 2015

Very strong and frequently used as expert witnesses in cases involving Court of Protection elements.

Chambers UK 2015

Very impressive: they understand the challenges our situation brings, and guide us in the right direction.

Chambers UK 2015

The ‘first-rate’ Thomson Snell & Passmore has a superb reputation for personal injury and clinical negligence damages cases. Martin Terrell is ‘outstanding’, and Eddie Fardell and Brian Bacon are also very highly rated. -

The Legal 500 2014

A heavyweight team. They do a brilliant job and have built up real expertise in this area.

Chambers UK 2015

Thomson Snell & Passmore has ‘a brilliant team’.

The Legal 500 2013

I cannot speak too highly of the care, attention and sympathy that I have received.

Client

I have always had a first-class and friendly contact at all levels with TS&P.

Client

The whole process was made very simple.

Client

Very sympathetic and understanding during a very difficult period of my life.

Client

Initial contact was made at a time of great stress and I was glad to 'hand over' some of my concerns to TS&P. Their expertise and consideration has been a comfort in a time of continual stress. Thank you.

Client

We were looking for the best and have never been disappointed.

Client

Meet The Team

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