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England and Wales decisions
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The High Court approved a representative settlement for the Places for People pension scheme and ordered rectification of scheme deeds to reflect the parties’ intended benefits.
HLD v Manchester University NHS Foundation Trust [2025] EWHC 1750 (KB) (30 June 2025)
The High Court approved a settlement for a child claimant after clinical negligence caused hypoxic-ischaemic brain injury and cerebral palsy, finding it in her best interests.
The High Court refused to approve a settlement under its inherent jurisdiction where the claimant opposed approval, expert evidence supported litigation capacity, and no proper Part 21-style propriety check was possible.
Forsyth v Howson & Anor [2025] EWHC 653 (KB) (18 March 2025)
The High Court refused to approve a settlement under its inherent jurisdiction where the claimant opposed approval, expert evidence supported litigation capacity, and the court lacked the material needed for a proper approval check.
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.
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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.
The Trust withdrew an application to strike out Mrs Bayless’s claim that was always bound to fail due to lack of court approval for the 2019 settlement, and the Trust should pay Mrs Bayless’s costs as it put her to unnecessary expense.
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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.
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AXA v Airedale NHS Foundation Trust [2024] EWHC 2499 (KB) (02 October 2024)
The High Court approved a child claimant’s clinical negligence settlement, finding the lump sum and periodical payments were in her best interests and within a reasonable damages range.
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.
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