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High Court Personal Injury Trust Approval


Trinity Chancery barrister James Kemp was successful in an application before the High Court to approve a personal injury trust for a minor who had been awarded a substantial sum of £4.5 million in her compensation claim against a NHS Trust for negligence.

James advised the Litigation Friend as an independent counsel as to the pros and cons of such a trust and also the various different types of trust available. He also provided an insight to the various clauses in the draft trust deed that had been compiled following the guidance set down by the High Court. Following the Litigation Friend being satisfied as to the process and what was available to her, James was then able to advise the prospective trustees as to the criteria they should satisfy before an application to the court could be made.

The matter concluded at the first hearing before Mrs Justice Cutts who, without hesitation, granted the order.

James is member of the Society of Trust and Estate Practitioners (STEP) and is also regularly recognised in the Legal 500 directories for his Chancery practice.

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