DAH v Sally Kenny
[2023] EWHC 1759 (KB)
FLR v Dr Shanthi Chandran
11 January 2024
[2024] EWHC 24 (KB)
High Court
A young girl was hurt in a car accident. The court decided the driver was mostly to blame, but the girl also shared some responsibility. A settlement was reached, and the judge approved it because the girl was a minor. The judge also kept the girl's name secret to protect her privacy.
Key Facts
- •FLR (17 at settlement, now 18), sustained serious head injuries (subarachnoid bleed, left collarbone fracture) in a road accident caused by Dr Shanthi Chandran.
- •Accident occurred on January 15, 2018, when FLR was struck by Dr. Chandran's car while crossing a pedestrian crossing.
- •Liability was apportioned 60/40 in FLR's favour, with contributory negligence attributed to FLR.
- •A settlement of £225,000 gross (£135,000 net after liability split) was reached.
- •Court approval was sought due to FLR being a minor at the time of settlement.
- •Anonymity order granted to protect FLR's privacy under Article 8 ECHR.
Legal Principles
Court approval is required for settlements involving minors under CPR 21.2(1) and the court's inherent jurisdiction.
CPR 21.2(1), Inherent Jurisdiction
The court must consider the best interests of the child when approving settlements.
CPR 21.10, Dunhill v Burgin [2014] UKSC 18
Balancing Article 8 ECHR (right to privacy) and Article 10 ECHR (freedom of expression) in granting anonymity orders.
Thoma v Luxembourg [2001] ECHR 240, JX MX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96
Inherent jurisdiction allows the court to approve settlements even without specific statutory provision.
Court's inherent jurisdiction
Outcomes
The court approved the settlement of £225,000 gross (£135,000 net).
The settlement was deemed to be in the best interests of the claimant, considering the risks and uncertainties of further litigation, and the expert evidence.
Anonymity order granted for the claimant (FLR).
The right to privacy under Article 8 ECHR outweighed the public interest in open justice.