QXB v University Hospitals Plymouth NHS Trust
[2023] EWHC 1760 (KB)
Ellen Ludlow v Berkshire Healthcare NHS Foundation Trust
22 April 2024
[2024] EWHC 872 (KB)
High Court
A hospital trust admitted fault in the care of a man who died by suicide. His family received £925,000 in compensation. A judge made sure the money was fairly divided, especially protecting the children's share by putting it in a special court account.
Key Facts
- •Adam Ludlow died by suicide in September 2017 due to deteriorating mental health.
- •His wife, Ellen Ludlow, brought a claim as executrix of his estate and for dependency under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976.
- •Berkshire Healthcare NHS Foundation Trust admitted liability for substandard care contributing to Mr. Ludlow's death.
- •The proposed settlement was £925,000 gross (£887,020 net).
- •The settlement involved children, requiring court approval under CPR 21.10.
Legal Principles
Court approval is required for settlements involving children or protected parties.
CPR 21.10(1)
Court approval acts as an external check on the propriety of the settlement.
Dunhill v Burgin [2014] UKSC 18
In apportionment of damages, courts prioritize providing sufficient funds for the parent caring for children, acknowledging that this is often for the benefit of the children.
R v Criminal Injuries Compensation Board, ex p Graham Frederick Barrett, 19 November 1993
A compromise is not binding until approved by the court.
Drinkall v Whitwood [2003] EWCA Civ 1547; Dietz v Lennig Chemicals Ltd [1969] 1 A.C. 170
Outcomes
The court approved the £925,000 settlement and its apportionment.
The court found the settlement and apportionment to be in the best interests of all dependents, particularly the children, and consistent with established legal principles.