Book Review: A Practical Guide to Personal Injury Trusts (2nd Edition) by Alan Robinson
This book was written after the introduction of Universal Credit and before the recent government announcement regarding their plans to address the payment of social care costs. Its purpose is to explain how personal injury trusts have developed as a means of dealing effectively with compensation for personal injury and as a way of ensuring tax efficiency.
This book is comprised of 11 chapters covering:
- Personal Injury trusts – overview and preliminary considerations
- Means-tested benefits: Principal rules
- How personal injury compensation is death with
- Non contributory disability benefits
- Local Authority services
- Paying for care
- NHS Continuing Health Care
- Types of Personal Injury trust
- The mentally incapable client and the Court of Protection
- Problem areas for practitioner
- Conclusion and further resources
Chapters 3 and 8 will interest private client practitioners who are not familiar with the way in which personal injury compensation is treated when being asked to prepare a personal injury trust.
Structure & Layout
Each chapter is divided into numbered paragraphs with headings but there is no index just the list of contents. Since it is a slim volume, nevertheless it should not be difficult to find a topic of interest.
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There are no checklists or precedents in the book. It is a narrative exposition of the rules relating to the payment of compensation and its impact on benefits and how the use of personal injury trusts help.
Given the frequent reference to the use of bare trusts in this field a precedent for such a trust would have been welcome.
This area of practice will often be a cross over between different teams in a law firm – the contentious team securing the compensation and the private client team who will probably be asked to draft the trust. Accordingly, it would have been helpful to include a checklist of matters needed from the former by the latter to satisfactorily draft an appropriate trust.
Clarity & readability
This handy text is well written and easy to read. It will help both contentious and non-contentious practitioners get to grips with personal injury trusts. It will doubtless form the basis of a firm’s explanatory notes to clients about what it involved in creating and running such trusts.
Relevance to practitioners
This book is highly relevant to all those practitioners involved in preparing and running personal injury trusts. It is to be commended for its explanations of the benefit system and how care is paid for as well as the approach of the court to the creation of personal injury trusts.
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