The Supreme Court has granted the charities involved in the case of Ilott v Mitson permission to appeal the Order of the Court of Appeal. Mrs Ilott was awarded an increased sum of £143,000 from her late mother's estate together with a lump sum of £20,000.
The appeal will (in addition to some other issues) focus on whether the Court of Appeal was wrong to set aside the £50,000 award made at first instance and/or was wrong to structure the award in such a way as to assist Mrs Ilott to preserve her entitlement to benefits.
This latter point will be of particular interest to practitioners as it could have implications for the manner in which future settlement negotiations of such claims are structured or the advice given to clients as to the way in which the Court could approach an award if they rely heavily on benefits at the time of their claim.
This case will be the first time a case under the 1975 Act will be heard by the Supreme Court (or its predecessor the House of Lords).