Personal injury claim - RTA - for a minor
Discussion
Done what I should in the done in the first place...
Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
Flumpo said:
Done what I should in the done in the first place...
Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
Just to add, I am not in anyway condoning the op, his actions or anything else. I was just curious how the law worked. As usual, check the .gov website for full details. Come to PistonHeads for the cranks.Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
The Rookie said:
And the rest!
http://kidneykidney.com/
Can I be more shocked at this, is it real and why do I think of the film Repo Men I casually assessed as fanciful which maybe closer to reality than I had given credit:http://kidneykidney.com/
https://www.imdb.com/title/tt1053424/
Moonpie21 said:
The Rookie said:
And the rest!
http://kidneykidney.com/
Can I be more shocked at this, is it real and why do I think of the film Repo Men I casually assessed as fanciful which maybe closer to reality than I had given credit:http://kidneykidney.com/
http://kidneykidney.com/about.html
The Rookie said:
And the rest!
http://kidneykidney.com/
Buggerhttp://kidneykidney.com/
Worse!
It’s very likely that your health characteristics are unsatisfactory.
Therefore, we can’t help you to sell your kidney as no one will buy it.
You have to look carefully after your health and probably later, when you get better, we’ll be able to help you!
Flumpo said:
Done what I should in the done in the first place...
Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
Well there you go.....Google to the rescue. Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
I've been to many Infant Approval Hearings where Claimant's solicitors have asked for payment out of some money. Usually it's for a new computer to help at school (you know, with school work). Occasionally a holiday has been asked for - that's very rarely agreed (seeing as it wouldn't just be for the minor).
Payment of school fees is entirely different. There's no way, in my experience, a Judge would approve such a request.
But you're the expert (now) so what do I know.
TooMany2cvs said:
Click on the "About" page...
http://kidneykidney.com/about.html
Just call me captain gullible, although from the sounds of things there is a black market for this type of thing they are trying to make us aware of.http://kidneykidney.com/about.html
Nezquick said:
Flumpo said:
Done what I should in the done in the first place...
Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
Well there you go.....Google to the rescue. Googled it, when anyone under 18 makes a claim it is either awarded as parental indemnity (parents have control) or through court funds and held until 18.
In the official .gov guidance it states money can be applied for and gives the example as funds will be released to help with the minors education, but each application is considered individually.
So anyone who has said a holiday is fine but school fees is a definite no is talking bool ocks.
I've been to many Infant Approval Hearings where Claimant's solicitors have asked for payment out of some money. Usually it's for a new computer to help at school (you know, with school work). Occasionally a holiday has been asked for - that's very rarely agreed (seeing as it wouldn't just be for the minor).
Payment of school fees is entirely different. There's no way, in my experience, a Judge would approve such a request.
But you're the expert (now) so what do I know.
I used google to get to the governments .gov guidance. So again, good diversion attempt to try and discredit official government information as ‘google’.
I am in no way an expert. I’ve never said I am. I simply asked why some were stating a holiday was ok. The guidance is very clear, it’s on an individual case put to the court. So no one can say school fees are a definable no while also claiming holidays are kosher.
Bonus points to you for trying though.
Flumpo said:
I never mentioned the computer or denied it could be used for school work. Good attempt at a diversion tactic though to support your dud info.
I used google to get to the governments .gov guidance. So again, good diversion attempt to try and discredit official government information as ‘google’.
I am in no way an expert. I’ve never said I am. I simply asked why some were stating a holiday was ok. The guidance is very clear, it’s on an individual case put to the court. So no one can say school fees are a definable no while also claiming holidays are kosher.
Bonus points to you for trying though.
Ok, I'm giving my opinion using my experience as a qualified lawyer and using my first hand experience of having attended 50+ infant approval hearings over the years for all sorts of injuries, claim etc.I used google to get to the governments .gov guidance. So again, good diversion attempt to try and discredit official government information as ‘google’.
I am in no way an expert. I’ve never said I am. I simply asked why some were stating a holiday was ok. The guidance is very clear, it’s on an individual case put to the court. So no one can say school fees are a definable no while also claiming holidays are kosher.
Bonus points to you for trying though.
I don't think anyone has said a holiday will be ok. I said some parents may ask for funds for a holiday but it wouldn't be allowed IME.
Damages are paid solely for the benefit of the person who has been injured, to put them back in the position they would have been in "but for" the accident, or to compensate them for their pain, suffering and loss of amenity. As such, a Court is going to be very wary of ever releasing funds which don't help the Claimant - in this case a 6 year old. By way of example, if the parents asked for:
a) money to buy a computer to help with school work - yes, that would probably be allowed. It's for the child's benefit.
b) money to send the child on a school trip skiing for instance, or some other cultural trip - again, that would also probably be allowed as the parents wouldn't benefit from it.
c) a family trip to Disneyland - no, that wouldn't be allowed, because why should the child have to (effectively) pay for her parents/siblings to go on holiday as well.
d) school fees - not a chance - the child didn't "choose" to be put in private school. That decision was made by the parents and it is down to them to fund it. Using a child's damages to pay for half a terms fees is not helping anyone but the parents have some kind of payment break.
Nezquick said:
Flumpo said:
I never mentioned the computer or denied it could be used for school work. Good attempt at a diversion tactic though to support your dud info.
I used google to get to the governments .gov guidance. So again, good diversion attempt to try and discredit official government information as ‘google’.
I am in no way an expert. I’ve never said I am. I simply asked why some were stating a holiday was ok. The guidance is very clear, it’s on an individual case put to the court. So no one can say school fees are a definable no while also claiming holidays are kosher.
Bonus points to you for trying though.
Ok, I'm giving my opinion using my experience as a qualified lawyer and using my first hand experience of having attended 50+ infant approval hearings over the years for all sorts of injuries, claim etc.I used google to get to the governments .gov guidance. So again, good diversion attempt to try and discredit official government information as ‘google’.
I am in no way an expert. I’ve never said I am. I simply asked why some were stating a holiday was ok. The guidance is very clear, it’s on an individual case put to the court. So no one can say school fees are a definable no while also claiming holidays are kosher.
Bonus points to you for trying though.
I don't think anyone has said a holiday will be ok. I said some parents may ask for funds for a holiday but it wouldn't be allowed IME.
Damages are paid solely for the benefit of the person who has been injured, to put them back in the position they would have been in "but for" the accident, or to compensate them for their pain, suffering and loss of amenity. As such, a Court is going to be very wary of ever releasing funds which don't help the Claimant - in this case a 6 year old. By way of example, if the parents asked for:
a) money to buy a computer to help with school work - yes, that would probably be allowed. It's for the child's benefit.
b) money to send the child on a school trip skiing for instance, or some other cultural trip - again, that would also probably be allowed as the parents wouldn't benefit from it.
c) a family trip to Disneyland - no, that wouldn't be allowed, because why should the child have to (effectively) pay for her parents/siblings to go on holiday as well.
d) school fees - not a chance - the child didn't "choose" to be put in private school. That decision was made by the parents and it is down to them to fund it. Using a child's damages to pay for half a terms fees is not helping anyone but the parents have some kind of payment break.
to the person who said a holiday was ok, but school fees were categorically not. It obviously spiralled I bit from there:
‘The hearing will be a fairly short informal hearing, the Judge will just check that the damages are fair and that recovery is as the medical evidence states.
You can ask for some money to be paid out of the damages for a holiday or computer or similar now, but its up the judge and school fees would certainly not be approved’
Hi, I’m surprised at that. As why does a judge get to decide what happens to the compensation?
The compensation is surely for anything the parental guardians see fit? If the parents are currently undogong a temporary money problem, then surely a couple of grand to pay for school fees is perfectly reasonable.
It seems odd that the girl being removed from a school and forced to undergo mental trauma of losing friends, disruption to education, etc with possible life long impacts wouldn’t be ok. But 2 weeks in Benidorm is legit?’
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