This is an application for the court to give its approval, pursuant to the court’s inherent jurisdiction, of a settlement of a personal injury claim. [2]
The deceased is Adam Ludlow. He died in tragic circumstances on 14 September 2017, when following a period of deepening mental health distress, something that had affected him periodically during his lifetime, he took his own life by asphyxiation. [3]
The defendant has accepted that the care provided to Mr Ludlow in the period leading up to his death fell below an acceptable standard, and if he had received the care he was entitled to expect, on a balance of probabilities, his death on 14 September 2017 would have been avoided. [5]
Two of Mr Ludlow’s dependents are children. Therefore, the court must scrutinise the proposed compromise between the parties and determine whether the apportionment suggested on behalf of Mrs Ludlow is in the best interests of her two sons. [6]
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