Source: All England Reporter
Publisher Citation: [2002] All ER (D) 459 (Jul)
Court: Administrative Court
Judge:

Pitchford J

Representation 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.
Judgment Dates: 30 July 2002

Catchwords

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.

The Case

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.

Practice Areas

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