GWS & Ors v St Thomas Becket Catholic Primary School

GWS & Ors v St Thomas Becket Catholic Primary School

The application to set up a bare trust for the minor claimant's interim funds is rejected. The court found that the costs and complexity of the trust option substantially outweigh any benefits in this case. The Court Funds Office provides a cost-effective, efficient, and appropriate mechanism for managing interim funds for minors, and there is no sufficient justification for departing from this standard practice. The costs of setting up and managing a trust are not clearly recoverable as damages and would likely fall on the claimant, reducing funds available for care and treatment.

Parties
Claimant: GWS (A Minor by their Litigation Friend FWH); Claimant: WIG; Claimant: APL; Defendant: St Thomas Becket Catholic Primary School
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Personal Injury / Interim Application for Approval of Bare Trust for Minor Claimant
Outcome
Application to approve bare trust for minor claimant's interim funds rejected.
Legal Topics
Interim Payments, Trusts for Minors, Court Funds Office, Solicitors Accounts Rules
Personal Injury Civil Procedure Interim Payments Trusts for Minors Court Funds Office Solicitors Accounts Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 19
Sign in to unlock

Parties

GWS (A Minor by their Litigation Friend FWH)

Claimant

WIG

Claimant

APL

Claimant

St Thomas Becket Catholic Primary School

Defendant

Procedural Posture

Personal Injury / Interim Application for Approval of Bare Trust for Minor Claimant

Legal Issues

  1. 1 Whether the court should approve the setting up of a bare trust for interim funds for a minor claimant instead of payment into the Court Funds Office
  2. 2 Whether the costs of setting up and managing a trust are recoverable as damages

Ratio Decidendi

The application to set up a bare trust for the minor claimant's interim funds is rejected. The court found that the costs and complexity of the trust option substantially outweigh any benefits in this case. The Court Funds Office provides a cost-effective, efficient, and appropriate mechanism for managing interim funds for minors, and there is no sufficient justification for departing from this standard practice. The costs of setting up and managing a trust are not clearly recoverable as damages and would likely fall on the claimant, reducing funds available for care and treatment.

Court Disposition

Application to approve bare trust for minor claimant's interim funds rejected.

Orders

  • Interim payments to be paid into the Court Funds Office Special Account pending further directions.
  • No approval for the creation or management of a bare trust for interim funds.