21 Apr 2020
The Court approved the consent settlement under s4 Family Protection Act 1955 because it provided appropriate provision for the omitted six‑year‑old beneficiary in the context of no other claimants and with the parties’ agreed trustee substitution; s107 CCLA approval was not required.
14 Feb 2018
The court found the intended plaintiffs incapacitated and held that proposed litigation guardians who are family members may be appointed where their interests are not adverse; the appointment was granted subject to protective conditions (court approval for any withdrawal/abandonment/settlement and a court‑approved indemnity by the guardians for any costs awarded to the defendant). These conditions adequately protect the incapacitated plaintiffs and enable the proceedings to proceed without requiring an independent guardian.
5 Jun 2015
The parties, by consent, agreed to give effect to the undated October 2014 deed of settlement on the terms specified (the first property/cash option attached to that deed); the Court entered judgment in those terms, ending the proceedings. The earlier dispute over whether the original post‑trial deed was abandoned became academic once the parties consented to the substitute deed and judgment was entered.
15 Feb 2012
The court granted the application to appoint a litigation guardian because no notice of opposition was filed within the timetable, no sufficient basis for adjournment was shown given documents were available for inspection, and the court retained power to set the appointment aside or require prior approval for any settlement of the protected party.