Wagstaff v Murison [2023] EWHC 2976 (KB) (08 November 2023)

Wagstaff v Murison [2023] EWHC 2976 (KB) (08 November 2023)

The court approved the settlement as being in the best interests of the protected party, finding the structure of lump sum and periodical payments appropriate to meet the claimant's needs, and that the settlement was reasonable in light of the evidence and risks.

Source-derived case information.

Citation
[2023] EWHC 2976 (KB)
Parties
Claimant: James William Wagstaff; Litigation Friend: Catherine Carr; Defendant: William Murison
Jurisdiction
England and Wales
Judgment Date
08 November 2023
Procedural Posture
Personal Injury / Settlement Approval Hearing for Protected Party
Outcome
Settlement approved
Legal Topics
Damages, Settlement Approval, Protected Parties, Mental Capacity, Periodical Payments
Personal Injury Civil Procedure Damages Settlement Approval Protected Parties Mental Capacity Periodical Payments

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Parties

James William Wagstaff

Claimant

Catherine Carr

Litigation Friend

William Murison

Defendant

Procedural Posture

Personal Injury / Settlement Approval Hearing for Protected Party

Legal Issues

  1. 1 Whether the proposed settlement of damages for a protected party should be approved by the court
  2. 2 Whether the structure of the settlement (lump sum and periodical payments) is appropriate for the claimant's needs

Ratio Decidendi

The court approved the settlement as being in the best interests of the protected party, finding the structure of lump sum and periodical payments appropriate to meet the claimant's needs, and that the settlement was reasonable in light of the evidence and risks.

Court Disposition

Settlement approved

Orders

  • Settlement of £1,170,000 net lump sum and £16,000 per annum periodical payments approved under CPR 21.10
  • Payment out of damages of £2,632 for After the Event insurance premium approved under CPR 46.4(2)(b)(ii) and 46.4(3)