HLD v Manchester University NHS Foundation Trust

In an approval hearing involving a child claimant, the court may approve a negotiated settlement where, having considered the evidence and advice, it is satisfied that the proposed damages and form of award are appropriate and that the settlement is in the child’s best interests.

A claim was brought on behalf of a child who suffered hypoxic-ischaemic brain injury and resulting four-limb cerebral palsy following negligent delay in delivery. Liability was admitted and judgment was entered on liability. Before the quantum trial, the parties reached a settlement and sought the court’s approval. The issue was whether the proposed figures and form of award were in the claimant’s best interests.

1. The court approved the proposed settlement following careful consideration of the confidential advice, the calculations for general damages, past losses and future losses, and the agreed form of award.
2. The claimant’s legal team recommended the settlement as being in her best interests. The court agreed, having regard to the evidence and the claimant’s extensive lifelong needs.
3. Liability had been admitted in full and judgment had previously been entered on liability. The approval hearing therefore concerned the settlement of quantum.

The settlement was approved.