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ARTICLE · 04 MARCH 2022

Useful Tools For Approval Hearings

Gatehouse Chambers
Gatehouse Chambers
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Gatehouse Chambers

Gatehouse Chambers

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A useful reminder of how Claimants can prepare for complicated approval hearings in child or protected party cases is the case of BSC v TGL [2022] EWHC 394 (QB).

United KingdomLitigation, Mediation & Arbitration

A useful reminder of how Claimants can prepare for complicated approval hearings in child or protected party cases is the case of BSC v TGL [2022] EWHC 394 (QB).  In this case, the child pedestrian was 11 years old when he was struck by a car when crossing a road.  The case settled pre-action so there was no schedule or counter schedule.  The sum that Master Davison was asked to approve was £2.35M based on a full liability valuation of £3.525M and a one third reduction for contributory fault.

Master Davison had an Advice from leading Counsel but had concerns at the approval hearing about the proposed settlement.  He thus directed that the parties should prepare a Table with four columns, setting out (1) each head of loss, (2) the claimant's claim in respect of that head, which was to include, where appropriate, the relevant multiplier, (3) the defendant's response with the amount (if any) counter-offered and with brief reasons to include, where appropriate, reference

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