MHE v Wye Valley NHS Trust
[2024] EWHC 25 (KB)
XX v Barts Health Trust
26 April 2023
[2023] EWHC 963 (KB)
High Court
A young man with brain damage from birth sued a hospital for negligence. The judge agreed to a large settlement that will help him and his family, and kept their identities secret to protect their privacy.
Key Facts
- •Clinical negligence action brought on behalf of XX (19 years old, lacking capacity) against Barts Health Trust.
- •XX sustained a severe hypoxic ischaemic brain injury at birth due to alleged negligence during antenatal counselling and delivery.
- •XX has quadriplegic athetoid cerebral palsy.
- •Liability was compromised on 2 November 2020, with judgment for 90% of damages to be assessed.
- •A settlement agreement on damages was reached on 4 April 2023, subject to court approval.
- •The settlement includes a £6.5 million lump sum and periodical payments for care and case management, totaling a capitalized value of £17,185,985.
- •An anonymity order was granted to protect XX and his family's privacy.
Legal Principles
Open justice vs. the right to privacy in approval hearings for protected parties.
JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96
Court approval of settlements for protected parties is necessary and engages questions of judgment, acting in the best interests of the protected person.
CPR 21.10(1), Dunhill v Burgin [2014] UKSC 18
Anonymity orders should be granted where necessary to protect the vital interests of the child and their family, balancing open justice with Article 8 rights.
CPR 39.2(4), 5.4C and 5.4D, section 11 of the Contempt of Court Act 1981, and JX MX v Dartford & Gravesham NHS Trust [2015] EWCA Civ 96
Outcomes
The court approved the settlement agreement.
The settlement was deemed fair, appropriate, and in the best interests of XX, considering the quantum of loss, risks of litigation, and the structure of the settlement (lump sum and periodical payments).
Anonymity order extended.
To protect the right to privacy of XX and his family, fulfilling the necessity test outlined in JX MX v Dartford & Gravesham NHS Trust.