Roult v North West Strategic Health Authority

Roult v North West Strategic Health Authority

CPR 3.1(7) cannot be used to revoke or vary a final order approving a settlement in a personal injury case involving a protected party. The Barder v Caluori principles do not apply outside family law. The possibility that predictions about future care needs may change is foreseeable and does not constitute a supervening event justifying reopening the settlement. Finality of settlements, especially those approved by the court after detailed advice, is paramount unless vitiated by fraud, mistake, or misrepresentation.

Parties
Claimant/appellant: Greg Anthony Roult (a protected person by his mother and litigation friend, Angela Holt); Defendant/respondent: North West Strategic Health Authority
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Personal Injury Interlocutory Appeal / Appeal From Refusal to Revoke/vary Court Approved Settlement
Outcome
Appeal dismissed
Legal Topics
Variation of Consent Orders, Court's Power to Vary Orders, Protected Parties, Finality of Settlements
Civil Procedure Personal Injury Settlement Approval Variation of Consent Orders Court's Power to Vary Orders Protected Parties Finality of Settlements

Case Brief

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Parties

Greg Anthony Roult (a protected person by his mother and litigation friend, Angela Holt)

Claimant/appellant

North West Strategic Health Authority

Defendant/respondent

Procedural Posture

Personal Injury Interlocutory Appeal / Appeal From Refusal to Revoke/vary Court Approved Settlement

Legal Issues

  1. 1 Whether CPR 3.1(7) permits the court to revoke or vary approval of a settlement in a personal injury case involving a protected party
  2. 2 Whether the Barder v Caluori principles apply to such settlements outside family law

Ratio Decidendi

CPR 3.1(7) cannot be used to revoke or vary a final order approving a settlement in a personal injury case involving a protected party. The Barder v Caluori principles do not apply outside family law. The possibility that predictions about future care needs may change is foreseeable and does not constitute a supervening event justifying reopening the settlement. Finality of settlements, especially those approved by the court after detailed advice, is paramount unless vitiated by fraud, mistake, or misrepresentation.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.