MHE v Wye Valley NHS Trust
[2024] EWHC 25 (KB)
Nicola Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust
23 November 2023
[2023] EWHC 2986 (KB)
High Court
A family settled a medical negligence claim, but the settlement was invalid because it wasn't properly approved by a judge. Later, they sued again for mental health issues. The hospital tried to stop the second lawsuit, but failed and had to pay the family's legal fees.
Key Facts
- •Stephen Bayless died due to misdiagnosis at Norfolk & Norwich University Hospital.
- •His wife, Nicola, and two children initially settled a claim in 2019 for £340,000.
- •The 2019 settlement lacked court approval, invalidating it regarding the children's claims.
- •In 2022, Nicola and her children brought a new claim for psychiatric injury as secondary victims.
- •The Trust sought to strike out the new claim as an abuse of process.
- •The Trust withdrew its strike-out application before the hearing due to the invalid settlement.
Legal Principles
Settlement of claims on behalf of children requires court approval (CPR 21.10).
Civil Procedure Rules 1998, rule 21.10
An unapproved settlement is not valid so far as it relates to a child's claim.
CPR 21.10(1)
The rule in Henderson v. Henderson prevents abuse of process by bringing multiple actions.
Henderson v. Henderson (1843) 3 Hare 100
A heavy burden lies on defendants seeking to strike out a second claim under Henderson v. Henderson; it must be shown to be oppressive or manifestly unfair.
Johnson v. Gore Wood & Co. Ltd [2002] 2 A.C. 1; Michael Wilson & Partners v. Sinclair [2017] EWCA Civ 3
Costs are awarded to the unsuccessful party, unless the court deems it unjust.
CPR 44.2(1)
Parties can resile from a settlement if it lacks court approval, subject to estoppel arguments.
Drinkall v. Whitwood [2003] EWCA Civ 1547; Revill v. Damiani [2019] EWHC 2630 (QB)
Outcomes
The Trust's strike-out application was dismissed.
The 2019 settlement was invalid due to lack of court approval, and the new claim was not an abuse of process.
The Trust was ordered to pay Mrs Bayless's costs.
The Trust withdrew a hopeless application that should have been realised upon proper investigation; putting Mrs Bayless to unnecessary cost.