Hunt (A Minor) v National Health Service Litigation Authority

[2001] EWCA Civ 1065

Case details

Case citations
[2001] EWCA Civ 1065
Court
Court of Appeal (Civil Division)
Judgment date
27 June 2001
Judgment text

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Subjects
Civil procedure Settlement of proceedings Approval of settlement involving a minor
Keywords
appeal settled by consent minor claimant litigation friend approval of settlement draft minute of order clerical error
Outcome
settled by consent; settlement approved
Judicial consideration

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Summary

Where an appeal involving a child has been settled by consent, the Court of Appeal may approve the settlement after considering the proposed order and the advice given to the child. The court may also correct an obvious clerical error in the approved order.

Factual background

This was an appeal from the Queen’s Bench Division before Mr Justice Potts. The appellant, a minor suing by her mother and litigation friend, and the respondent NHS Litigation Authority were both unrepresented. The appeal had been settled by consent. The central issue was whether the court should approve the agreed settlement and proposed minute of order.

Held

  1. The appeal was settled by consent. The Court of Appeal reviewed the draft minute of order and the advice given to the respondent child, and approved the terms of settlement.
  2. The court directed that the figure in paragraph 4(a) of the minute should be £10,000. The reference to twenty thousand pounds was an error and was corrected accordingly.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): The appeal was settled by consent and the settlement terms were approved. The court corrected the figure in paragraph 4(a) of the draft minute of order to £10,000. The decision is reported at [2001] EWCA Civ 1065.
  2. Queen’s Bench Division: Appeal stated to be from a decision of Mr Justice Potts. No citation of the decision under appeal is stated in the judgment.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
settled by consent; settlement approved

Key cases cited

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Cases citing this case

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