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ARTICLE · 11 NOVEMBER 2024

Release Of Reverse Indemnity - BJB [2024] EWCOP 59 (T2)

Wrigleys Solicitors LLP
Wrigleys Solicitors LLP
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Wrigleys Solicitors LLP

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A Court of Protection case involved BJB's financial Deputy seeking release from a reverse indemnity due to escalating care costs. The case highlighted challenges in managing long-term care funding, with similar issues seen in other claims involving lump sums and rising expenses.

United KingdomLitigation, Mediation & Arbitration
Lynne Bradey
Lynne Bradey
Janice Jefferies
Janice Jefferies
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Reverse Indemnities – what have they got to do with the Court of Protection

What happened

In this case the financial Deputy for BJB applied to the Court of Protection to be released from a reverse indemnity made in their damages award. When BJB's damages award was made there was a concern that they shouldn't be getting state provision and money from the defendant for their care. Rather unusually the Court of Protection was nominated to be the body that decided whether or not the reverse indemnity should be released. The Court of Protection does get involved in these matters but usually in a different format (see Comment below).

Under the terms of the Order, BJB got a periodical payment each year. The Order required that payment be reduced by 98% of the sums that BJB had in state provision.

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