Andrew Ward obtains High Court approval of a settlement of £1,550,000
November 24, 2014
On 17th November 2014, Andrew Ward represented the Claimant at a High Court approval hearing following a settlement of a brain injury case in the sum of £1,550,000. Mr. Justice Kenneth Parker approved the settlement on the basis of the Advice on Quantum that Andrew prepared for the Court’s benefit. The settlement was obtained following a joint settlement meeting at which Andrew was led by Bill Braithwaite Q.C., Head of Exchange Chambers, in July 2014.
Andrew commented that: “This case raised an interesting jurisdictional issue on the approval hearing. The Claimant was of doubtful capacity with conflicting expert medical evidence on the point. One concern was that the Court could say that the issue of capacity should be tried on the basis that, if the Claimant had capacity, then he could settle his own claim and the Court would not have the jurisdiction to approve the settlement. However, neither party wished to expend time and costs on a trial of the issue of capacity. Each party did, however, wish to obtain the Court’s approval of the settlement so as to provide confirmation that a valid and binding compromise had been reached. It is pleasing that Kenneth Parker J. was prepared to approve the settlement without the need for a trial of the issue of capacity in accordance with the earlier decision on the point of Teare J. in Rebecca Coles –v- David Perfect & Others [2013] EWHC 1955, Q.B. Div.”
Andrew is recommended in the Legal 500 (2014 Edition) for personal injury work as “a strong team player who represents claimants and defendants”.
