Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Claimant definition

What does Claimant mean? In legal practice across the UK and Ireland, the claimant is the party who starts a civil claim or seeks a court or tribunal remedy against a defendant or respondent. The term is a procedural description rather than a substantive legal status, and in England and Wales it is defined in the Civil Procedure Rules (CPR 2.3) as a person who makes a claim; since 1999 it has replaced “plaintiff” in most civil proceedings, including judicial review. In Scotland, the equivalent party is generally called the “pursuer” in the Court of Session and Sheriff Court, although “claimant” is used...

CPR 21: Investment and control of damages for protected parties and beneficiaries, with Court of Protection directions (England and Wales)

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Practice notes

Control of money recovered by a protected party

Key terms in CPR 21 include:

‘lacks capacity’ means lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005)
a ‘protected party’ is a party, or intended party, who lacks capacity to conduct the proceedings
‘protected beneficiary’ describes a protected party who lacks capacity to manage and control the money recovered

When Damages are recovered for a protected party, whether after a settlement or at trial, the funds are not released to the protected party or their legal representatives immediately. Instead, they are dealt with in line with directions issued by the court. The fundamental position is that the court must determine what is to be done with the money. Before making any directions about control of the funds recovered on behalf of a protected party, the court must first decide whether that party is also a protected beneficiary. In setting such directions, the court has a relatively broad discretion regarding money obtained for a protected party...

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Web page updated on 21/05/2026

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