V v H.&S.S. Min. [2014] 2 JLR 42 (23 June 2014)

V v H.&S.S. Min. [2014] 2 JLR 42 (23 June 2014)

The court sanctioned the settlement as it was satisfied that it was in the minor's best interests, subject to funds being held by the advocate pending further order due to outstanding issues regarding application of funds overseas.

Citation
[2014] 2 JLR 42
Parties
Applicant: V; Respondent: H. & S. S. Minister
Jurisdiction
Jersey
Judgment Date
23 June 2014
Procedural Posture
Tort Fatal Accident Settlement / Application for Court Sanction of Settlement on Behalf of Minor
Outcome
Settlement sanctioned subject to conditions.
Legal Topics
Fatal Accidents, Settlement Approval, Minor's Interests, Tutelle
Tort Family Law Fatal Accidents Settlement Approval Minor's Interests Tutelle

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Parties

V

Applicant

H. & S. S. Minister

Respondent

Procedural Posture

Tort Fatal Accident Settlement / Application for Court Sanction of Settlement on Behalf of Minor

Legal Issues

  1. 1 Whether the court should sanction a settlement of a fatal accident action brought on behalf of a minor under the Fatal Accidents (Jersey) Law 1962
  2. 2 What safeguards are necessary to protect the minor's interests in the settlement

Ratio Decidendi

The court sanctioned the settlement as it was satisfied that it was in the minor's best interests, subject to funds being held by the advocate pending further order due to outstanding issues regarding application of funds overseas.

Court Disposition

Settlement sanctioned subject to conditions.

Orders

  • Settlement approved.
  • Funds to be held by advocate pending further order due to outstanding issues regarding application overseas.