||All England Reporter
|| All ER (D) 459 (Jul)
||Richard Hone QC and Sarah Moore (instructed by Edwards Abrams & Doherty) for the claimant.
||Robert Seabrook QC and Shaheen Rahman (instructed by Hill Dickinson) for the first and second defendants.
||Susan Chan (instructed by the Solicitor for the Department of Health) for the third defendant.
||30 July 2002
Judicial review - Availability of remedy - Public body - Health authority - Heath authority compromising claim for negligence - Health authority rejecting proposal for structured settlement - Whether decision susceptible to judicial review - s 2.
Where a health authority had compromised a liability claim and agreed damages, the authority owed no duty to the claimant other than to meet judgment according to law. That was a private function, therefore the authority's decision not to consent to a structured settlement under s2 of the was not amenable to judicial review.
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