Wolohan v McDonnell [2020] IEHC 149 (26 March 2020)

Where all statutory dependants are of full age and not under legal disability, court approval of a settlement of a fatal injuries claim is not required except for the division of the solatium, which the court will approve in accordance with established practice.

Citation: [2020] IEHC 149
Parties: Plaintiff: Alison Wolohan; Defendant: Patrick McDonnell
Jurisdiction: Ireland
Judgment Date: 26 March 2020
Procedural Posture: Fatal Injuries Claim / Application for Court Approval of Settlement
Outcome: Settlement approved subject to conditions
Legal Topics: Fatal Injuries Claims, Settlement Approval, Civil Liability Act 1961, Personal Injuries Assessment Board Act 2003, Apportionment of Damages, Solatium, Legal Capacity of Dependants

Tort Law Civil Procedure Fatal Injuries Claims Settlement Approval Civil Liability Act 1961 Personal Injuries Assessment Board Act 2003 Apportionment of Damages Solatium +1 more

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Parties

Alison Wolohan

Plaintiff

Patrick McDonnell

Defendant

Procedural Posture

Fatal Injuries Claim / Application for Court Approval of Settlement

Legal Issues

1 Is court approval required for settlement of a fatal injuries claim where all statutory dependants are adults and not under legal disability?
2 What is the court's function in approving the division of solatium among adult statutory dependants?

Ratio Decidendi

Court Disposition

Settlement approved subject to conditions

Orders

Declaration that all statutory dependants have full legal capacity, are on notice, and have consented in writing to the settlement and its division
Order that the deceased’s father and three children each receive €8,750 as their share of the solatium