Understanding the importance of court approval in fatal accident claims involving children: Lessons from Bayless v Norfolk and Norwich University Hospital NHS Foundation Trust
The recent High Court case of Bayless v Norfolk and Norwich University Hospital NHS Foundation Trust ([2023] EWHC 2986 (KB) (23 November 2023)) underscores the critical role of court approval in fatal accident claims involving children. This case offers valuable insights for claimants, defendants, and legal professionals, highlighting the consequences of failing to obtain court approval for settlements.
Key facts of the case
The case concerned the tragic death of Mr. Stephen Bayless, who passed away due to a misdiagnosis by the Norfolk and Norwich University Hospital. His widow, acting as the claimant, pursued a claim for dependency under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of herself and their two children. A settlement was reached in 2019, and compensation and costs were paid.
Following the liquidation of the law firm representing the claimant, she instructed Tees to bring a secondary victim claim for psychiatric injury on behalf of herself and the children. The defendant Trust applied to strike out the new claim, arguing that it was settled in 2019 or constituted an abuse of process.
Why Court Approval Matters in Child Claims
Under Rule 21.10 of the Civil Procedure Rules 1998, any settlement involving minors must receive court approval to be legally binding. In Bayless, the 2019 settlement had not been approved by the court, rendering it ineffective. This oversight left both the claimant and the defendant at risk.
Application of the Henderson v Henderson rule
The defendant Trust relied on the principle from Henderson v Henderson (1843), which prevents parties from bringing multiple claims that could have been addressed in a single proceeding. However, the court rejected this argument. Because the settlement lacked court approval, it could not prevent the claimant from pursuing her personal injury claim.
The Court’s decision on the strike-out application
Mr. Justice Pepperall dismissed the Trust’s strike-out application, finding that:
- The 2019 settlement did not compromise the claimant’s personal injury claim as it was not initially asserted.
- The lack of court approval meant the settlement was invalid.
- The claimant had acted in good faith without knowledge of her psychiatric injury at the time.
Consequences of failing to obtain court approval
The absence of court approval had several consequences:
- The claimant retained the right to pursue further claims.
- The Trust faced the risk of the claimant withdrawing from the 2019 settlement.
- Even if the parties agreed to proceed with the previous settlement, court approval would still be necessary.
Responsibility for procedural compliance
While the Trust criticised the claimant’s former legal representatives, the court highlighted that the Trust’s own solicitors were equally responsible for ensuring court approval was obtained. Both parties share a duty to adhere to procedural rules when settling claims involving children.
Costs order and final ruling
When the Trust withdrew its strike-out application, the court ordered it to pay the claimant’s legal costs. Mr. Justice Pepperall found that the Trust’s failure to properly investigate the issue was a primary factor in the unnecessary litigation expenses.
“The Trust withdrew an application that it ought to have realised, on proper investigation, was always liable to be dismissed. In doing so it has put [the Claimant] at unnecessary cost and it should now pay her costs on a standard basis.”
Lessons for legal professionals
The Bayless case is a stark reminder of the importance of court approval in fatal accident claims involving children. Legal professionals must ensure that:
- Court approval is obtained for all settlements involving minors.
- Clear documentation and communication are maintained throughout the process.
- Procedural compliance is verified to prevent unnecessary legal disputes.
By adhering to these principles, claimants and defendants can protect their interests, avoid costly litigation, and ensure fair outcomes in fatal accident claims.
If you have questions about court approval in fatal accident claims or need legal advice, consulting with our experienced solicitors could provide the guidance you need.
