Zac v The Estate of A (deceased) (Capacity) 15-Mar-2021 [2020] JRC 074 (15 March 2021)

The Representor acted reasonably and in Zac's best interests, having obtained comprehensive legal advice and properly considered the security and flexibility of PPOs. The Court approved the decision to accept the settlement offer and enter into the proposed order.

Citation: [2020] JRC 074
Parties: Applicant: Representor; Beneficiary: Zac; Advisor: Mr Rigby; Advisor: Advocate Thomas
Jurisdiction: Jersey
Judgment Date: 15 March 2021
Procedural Posture: Representation Application / Final Approval of Settlement
Outcome: application granted
Legal Topics: Periodical Payment Orders, Statutory Discount Rate, Variation of Orders, Best Interests, Delegate Decision Making

Capacity Law Personal Injury Damages Periodical Payment Orders Statutory Discount Rate Variation of Orders Best Interests Delegate Decision Making

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Parties

Representor

Applicant

Zac

Beneficiary

Mr Rigby

Advisor

Advocate Thomas

Advisor

Procedural Posture

Representation Application / Final Approval of Settlement

Legal Issues

1 Whether the Representor's decision to accept the settlement offer was reasonable and in Zac's best interests under the Capacity and Self-Determination (Jersey) Law 2016
2 Security and adequacy of periodical payment orders (PPOs)
3 Appropriateness of PPOs versus lump sum settlement

Ratio Decidendi

Court Disposition

application granted

Orders

Court approves Representor's decision to accept the settlement offer.
Court authorises entry into the proposed order and scheduled settlement agreement.