This was an application for the Court’s approval of an agreed settlement of a claim for personal injuries arising from clinical negligence.
“…the settlement requires the court’s approval. That is because, and only because, the claimant is a protected party. She is protected because, although she is an adult, she lacks capacity to conduct the proceedings. For that reason she has a litigation friend, who is her mother. For the same reason, the rules provide that no settlement shall be valid without the court’s approval…
In deciding whether to approve a settlement the court’s purposes are to safeguard the interests of protected parties; to ensure that defendants are able to obtain a valid discharge from such a claim; to make sure that money recovered is properly looked after and wisely applied; and to protection the interests of all dependants.” (at paragraphs 3 and 17)
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