GJC v Stephen John Walker
[2024] EWHC 182 (KB)
DAH v Sally Kenny
10 July 2023
[2023] EWHC 1759 (KB)
High Court
A seriously injured child received £2.5 million in a court-approved settlement. The judge kept the child's name secret to protect their privacy, and decided the money was the best way to help them after the accident.
Key Facts
- •Claimant (protected party) suffered severe head injuries in a road traffic accident on 25 December 2019.
- •Liability was apportioned 2/3 against the defendant, approved by Master Dagnall on 16 November 2022.
- •Parties reached a settlement of £2.5 million gross (net of liability deduction) plus costs.
- •Court approval was sought for the settlement due to the claimant being a protected party.
- •Anonymity order granted to protect the claimant's identity.
Legal Principles
Best interests of the protected party
X v Dartford and Gravesham NHS Trust [2015] 1 WLR 3647
Article 8 ECHR right to privacy vs Article 10 ECHR freedom of expression
ECHR
Court approval of settlements for protected parties
CPR Part 21.10
Determination of appropriate form of award for protected parties
CPR Part 41.6-41.7
Outcomes
Settlement approved
Settlement deemed in the claimant's best interests; lump sum award considered most appropriate.
Anonymity order granted
Article 8 ECHR right to privacy outweighs Article 10 ECHR right to freedom of expression.