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England and Wales Case Law

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Civil procedure

CFB (a protected party by LKP his litigation friend) v AXA Insurance UK PLC

Court approved the inter partes costs settlement as reasonable and in the protected party's interest, but refused to approve the deduction from damages for solicitor-client costs without detailed assessment, finding insufficient analysis of reasonableness, unresolved concerns about quantum, retainer coverage, and unusual nature of certain costs. The Practice Note does not create an unlawful presumption; court must scrutinise solicitor-client claims to protect the interests of the protected party.

Source excerpt

  • Approval of costs settlement
  • Deduction from damages
  • Protected parties
  • Solicitor-client costs
  • Detailed assessment
  • Practice note criticism
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Civil procedure [2025] EWHC 915 (SCCO)

CFB v AXA Insurance UK PLC

CFB v AXA Insurance UK PLC [2025] EWHC 915 (SCCO) (15 April 2025)

The court approved inter partes costs but refused to approve a solicitor-client deduction from damages without further detailed assessment in a protected-party case.

  • Approval of costs settlements
  • Deductions from damages
  • Protected parties
  • Detailed assessment of costs
  • Solicitor-client costs
  • Practice note criticism
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Civil procedure [2025] EWHC 759 (KB)

Meric v Navis & Anor

Meric v Navis & Anor [2025] EWHC 759 (KB) (04 April 2025)

The High Court dismissed an appeal over litigation capacity, holding the claimant could use and weigh information and was able to discontinue his claim.

  • Litigation capacity
  • Protected parties
  • Appointment of litigation friend
  • Discontinuance of claim
  • Mental capacity act 2005
  • Mental-capacity-act-2005
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Civil procedure

AKS v National Farmers Union Mutual Insurance Society Limited

Seth Law was not entitled to deduct a success fee from the Claimant’s damages without court approval. The contractual basis for the claimed success fee of £73,750 was not established, as the CFA provided for a success fee as a percentage of basic charges, not damages, and the amount claimed exceeded the reasonable and contractual entitlement. The reasonable success fee, reflecting the actual risk and lack of informed consent to a higher percentage, was assessed at 15% of basic charges, amounting to £16,502.64. The overpayment of £57,247.36 must be repaid to the Claimant.

Source excerpt

  • Solicitor-client costs assessment
  • Conditional fee agreements
  • Protected parties
  • Success fees
  • Court approval of costs
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Personal injury

ERE v East Suffolk and North Essex NHS Foundation Trust

The proposed settlement, comprising a lump sum and periodical payments for future care, is in the best interests of the protected party given the litigation risks, disputed quantum issues, and the need for secure, ongoing provision for care and case management.

Source excerpt

  • Clinical negligence
  • Protected parties
  • Damages assessment
  • Periodical payments
  • Court approval of settlement
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Personal injury

AXC v UK Insurance Ltd

The court approved the settlement as it was satisfied, after reviewing expert reports and legal submissions, that the lump sum payment was appropriate, reasonable, and in the best interests of the protected party, AXC, given his circumstances and needs.

Source excerpt

  • Settlement approval
  • Protected parties
  • Damages assessment
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Personal injury [2024] EWHC 2569 (KB)

ERE v East Suffolk and North Essex NHS Foundation Trust

ERE v East Suffolk and North Essex NHS Foundation Trust [2024] EWHC 2569 (KB) (11 October 2024)

The High Court approved a protected party’s settlement in a clinical negligence claim, including a £3.85 million lump sum, indexed periodical payments, and payment to her parents for past care.

  • Clinical negligence
  • Damages assessment
  • Protected parties
  • Periodical payments
  • Settlement approval
  • Clinical-negligence
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Personal injury

GJC v Stephen John Walker

The court found the settlement level and structure to be sensible and in the claimant’s best interests, satisfying the required propriety check under CPR 21.10 and relevant case law. Approval was granted.

Source excerpt

  • Settlement approval
  • Protected parties
  • Quantum of damages
  • Court's inherent jurisdiction
  • Anonymity orders
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Tort

James William Wagstaff v William Murison

The court found that the proposed settlement, comprising a lump sum and periodical payments, was in the best interests of the protected party, Mr Wagstaff, and approved the settlement under CPR 21.10.

Source excerpt

  • Personal injury
  • Damages
  • Protected parties
  • Court approval of settlements
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Tort law

MGS v University Hospitals Bristol and Weston NHS Foundation Trust

Interest is payable on the net lump sum for the delay period at the SIA rate, not the judgment debt rate, as the offer did not specify 8% and the reasonable interpretation of the contract does not support it. The settlement structure is in the claimant's best interests and is approved under CPR 21.10.

Source excerpt

  • Personal injury
  • Damages
  • Settlement approval
  • Interest on damages
  • Protected parties
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.