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

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

Given the parents' lack of cooperation and the uncertainty regarding the Claimant's future, the best course is for the legal representatives to negotiate a settlement on the basis of existing evidence as instructed by the Litigation Friend, subject to court approval.

Citation
[2014] EWHC 57 (QB)
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 / Application for Directions and Approval of Settlement
Outcome
Application granted; settlement negotiations to proceed as instructed by the Litigation Friend, subject to court approval.
Legal Topics
Settlement Approval, Litigation Friend, Child Claimant, Brain Injury, Expert Evidence
Personal Injury Civil Procedure Settlement Approval Litigation Friend Child Claimant Brain Injury Expert Evidence

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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 / Application for Directions and Approval of Settlement

Legal Issues

  1. 1 Whether the legal representatives should seek to settle the case in accordance with the instructions of the Litigation Friend
  2. 2 Whether the appointment of the Litigation Friend should be terminated and a new litigation friend appointed

Ratio Decidendi

Given the parents' lack of cooperation and the uncertainty regarding the Claimant's future, the best course is for the legal representatives to negotiate a settlement on the basis of existing evidence as instructed by the Litigation Friend, subject to court approval.

Court Disposition

Application granted; settlement negotiations to proceed as instructed by the Litigation Friend, subject to court approval.

Orders

  • Legal representatives to negotiate settlement based on existing evidence as instructed by the Litigation Friend.
  • Court approval required for any settlement.