M (A Child) , Re [2014] EWHC 57 (QB) (23 January 2014)

M (A Child) , Re [2014] EWHC 57 (QB) (23 January 2014)

Given the lack of cooperation from the parents and the uncertainty regarding the claimant's future disabilities, the best course is for the legal representatives to negotiate a settlement based on existing evidence as instructed by the litigation friend, subject to court approval.

Citation
[2014] EWHC 57
Parties
Claimant: M (a child by his father and Litigation Friend); Defendant/part 20 Claimant: London Borough of Lambeth; Part 20 Defendant: Hyde Southbank Homes Ltd
Jurisdiction
England and Wales
Judgment Date
23 January 2014
Procedural Posture
Personal Injury / Approval of Settlement and Directions Hearing
Outcome
Settlement approved
Legal Topics
Settlement Approval, Litigation Friend, Child Protection, Interim Payments
Personal Injury Civil Procedure Settlement Approval Litigation Friend Child Protection Interim Payments

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Parties

M (a child by his father and Litigation Friend)

Claimant

London Borough of Lambeth

Defendant/part 20 Claimant

Hyde Southbank Homes Ltd

Part 20 Defendant

Procedural Posture

Personal Injury / Approval of Settlement and Directions Hearing

Legal Issues

  1. 1 Whether the litigation friend should be replaced due to lack of cooperation
  2. 2 Whether settlement should be pursued and approved in the best interests of the child claimant

Ratio Decidendi

Given the lack of cooperation from the parents and the uncertainty regarding the claimant's future disabilities, the best course is for the legal representatives to negotiate a settlement based on existing evidence as instructed by the litigation friend, subject to court approval.

Court Disposition

Settlement approved

Orders

  • The legal representatives are to negotiate settlement as instructed by the litigation friend.
  • The identity of the claimant and litigation friend must not be disclosed.