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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7133
Experience:  Senior Associate Solicitor
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About personal injury compensation court of approval

Customer Question

About personal injury compensation court of approval approved figure stating money to be released to appointed deputy but latest capacity assessment says deputy not needed how can the order be changed so money is released to claimant via personal injury trust fund
Assistant: Since estate law varies from place to place, can you tell me where this is?
Customer: Cambridgeshire united kingdom
Assistant: Has anything been filed? If so, what?
Customer: No just figure approved by court can’t apply to court if protection as claimant has been assessed as having capacity
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Law
Expert:  JimLawyer replied 6 months ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you this afternoon.

Expert:  JimLawyer replied 6 months ago.

I recommend a letter is written to the court to confirm that the claimant now has capacity and as such, a variation of the earlier order is required. The assessment should be enclosed with the letter.

You should follow up the letter with a phone call to the court (ask for the civil listing section) to see if they have received it and passed it to the next available Judge.

If they have then fine and hopefully it could be dealt with by a Judge - there is a risk the Judge will confirm back by saying that the claimant needs to make an application to the court to vary the order.

If that happens then an application using form N244 is required (copy attached) and a fee of £255 payable to HMCTS. The capacity assessment will need to be referred to in the application. The court should then be able to deal with the application on paper without the need for a hearing.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 6 months ago.

Good evening, if you can please click to accept the answer (top of screen) and give me a 5 star rating I would be grateful

Expert:  JimLawyer replied 6 months ago.

I hope this helps - if you can please click 5 stars at the top of your screen, I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim