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Court of Protection

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Our Court of Protection work focuses on professional deputyship following personal injury and clinical negligence claims, together with expert witness evidence on deputyship and trust costs during the quantum phase of litigation.

Court of Protection

Serious injury damages management often involves more than securing compensation. Where a person lacks capacity to manage a substantial award, a professional deputy may be needed to protect, manage and apply those funds in their best interests.

At Nexa Law, we provide specialist Court of Protection services in catastrophic injury cases involving significant compensation awards. Our work focuses on professional deputyship following personal injury and clinical negligence claims, together with expert witness evidence on deputyship and trust costs during the quantum phase of litigation.

We act in matters involving clients with brain injury, cerebral palsy, birth injury and other life-changing conditions, and we work with solicitors and families throughout England and Wales.

Professional deputyship following catastrophic injury compensation awards

In the most serious injury cases, the appointment of a professional deputy can be a vital safeguard. A deputy may be needed where a person lacks capacity to manage a substantial compensation award and decisions must be made about their property, financial affairs and long-term arrangements.

Our work in this area is focused on cases where damages need to be managed carefully over the course of a client’s lifetime. That can include oversight of care costs, case management, therapies, specialist equipment, investment arrangements, property purchase, adaptation works, statutory wills and personal injury trusts.

We understand that these cases require more than day-to-day administration. They require careful planning, sound judgement and a clear understanding of how damages are intended to meet the injured person’s needs over the long term.

Court of Protection expert witness work

We also accept instructions as a Court of Protection expert witness in personal injury and clinical negligence litigation.

This work typically involves preparing expert evidence on deputyship costs, future deputyship costs, trust costs and related quantum issues. Instructions are commonly received during the quantum phase of proceedings, where the court or the parties require independent evidence on the likely costs of managing an award.

Our expert witness work is informed by practical experience of professional deputyship in catastrophic injury cases. That allows us to provide evidence grounded in the realities of managing substantial awards for clients with complex needs.

All expert witness work is undertaken in compliance with the duties of an expert under the CPR.

Areas of Practice:

Our services

Our Court of Protection services in this area include:

  • Professional deputyship following personal injury and clinical negligence compensation awards
  • Advice in relation to the management of substantial damages awards
  • Oversight of property purchase and adaptation
  • Management of care, therapy and case management costs
  • Personal injury trusts
  • Applications and advice relating to deputyship in catastrophic injury cases
  • Change of professional deputy matters
  • Expert witness reports on deputyship and trust costs

Who we work with

Our Court of Protection work is tailored to the needs of those involved in serious injury and clinical negligence cases.

We work with:

  • Personal injury solicitors
  • Clinical negligence solicitors
  • Litigation teams requiring evidence on deputyship and trust costs
  • Families, following a significant compensation award where a professional deputy is needed
  • Families seeking a change of professional deputy

Why early specialist input matters

In serious injury cases, decisions about deputyship, trust structures and the long-term management of damages can have a significant impact on the injured person’s future security and quality of life.

Early specialist advice can help ensure that the right protective arrangements are considered at the right stage, and that the likely costs of deputyship and related support are properly addressed within the claim.

How we can help

If you are acting in a catastrophic injury or clinical negligence matter and need advice on professional deputyship, or if you require expert evidence on deputyship or trust costs, we can help.

We work with solicitors and families throughout England and Wales on complex cases involving substantial compensation awards.

If you would like to discuss a potential instruction or referral, please get in touch.

Contact Us

For more information or to make an appointment, please complete the form below