XX v Barts Health Trust
[2023] EWHC 963 (KB)
MHE v Wye Valley NHS Trust
11 January 2024
[2024] EWHC 25 (KB)
High Court
A baby suffered brain damage due to a hospital's mistake during birth. The hospital admitted fault. A judge approved a large settlement to help the child for her whole life, ensuring the money is used wisely and protects the child’s privacy.
Key Facts
- •Claimant, MHE (14), suffered brain damage due to shoulder dystocia during birth at a hospital operated by the defendant, Wye Valley NHS Trust.
- •Defendant admitted liability in 2012.
- •Claimant has significant neurological impairments affecting motor skills, speech, cognitive function, and daily living.
- •Settlement reached for £5,557,500 gross lump sum plus periodical payments, totaling £4,907,500 net.
- •Court approved the settlement as being in the best interests of the child claimant.
Legal Principles
Open justice principle vs. Article 8 ECHR right to privacy.
Thoma v Luxembourg [2001] ECHR 240
Court approval required for settlements involving children and protected parties.
CPR 21.10(1)
Court must act in the best interests of the protected person and have regard to the overriding objective.
Dunhill v Burgin [2014] UKSC 18
Court considers appropriateness of periodical payment structure under CPR 41.7 and PD 41BD.
CPR 41.7, PD 41BD
Outcomes
Anonymity order granted for the claimant.
Article 8 ECHR right to privacy outweighs Article 10 ECHR freedom of expression.
Settlement approved.
Settlement deemed in the claimant's best interests; appropriate level and structure.