Representation of A as Delegate for B [2018] JRC 225 (05 December 2018)

Representation of A as Delegate for B [2018] JRC 225 (05 December 2018)

The court sanctioned the delegate's decision to accept the settlement offer, finding she acted in good faith, within her powers, in B's best interests, and without improper conflict, applying the best interests test under the 2016 Capacity Law.

Citation
[2018] JRC 225
Parties
Applicant: Representor (delegate for B); Person Lacking Capacity: B; Respondent (driver): C; Insurer: AXA France IARD S.A.
Jurisdiction
Jersey
Judgment Date
05 December 2018
Procedural Posture
Application for Directions (personal Injury Settlement Approval) / Application for Court Sanction of Settlement by Delegate
Outcome
application granted
Legal Topics
Court Approval of Settlements, Powers and Duties of Delegates, Best Interests Test, Conflict of Interest, Settlement of Personal Injury Claims for Protected Parties
Mental Capacity Law Personal Injury Trusts and Estates Court Approval of Settlements Powers and Duties of Delegates Best Interests Test Conflict of Interest Settlement of Personal Injury Claims for Protected Parties

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Parties

Representor (delegate for B)

Applicant

B

Person Lacking Capacity

C

Respondent (driver)

AXA France IARD S.A.

Insurer

Procedural Posture

Application for Directions (personal Injury Settlement Approval) / Application for Court Sanction of Settlement by Delegate

Legal Issues

  1. 1 Whether the delegate should accept the terms of the settlement offer for B's personal injury claim
  2. 2 Whether the court should sanction the delegate's decision under the Capacity and Self-Determination (Jersey) Law 2016

Ratio Decidendi

The court sanctioned the delegate's decision to accept the settlement offer, finding she acted in good faith, within her powers, in B's best interests, and without improper conflict, applying the best interests test under the 2016 Capacity Law.

Court Disposition

application granted

Orders

  • Delegate authorised and sanctioned to accept the settlement offer on behalf of B.