header-logo header-logo

12 August 2010 / Matthew Snarr
Issue: 7430 / Categories: Features , Damages , Personal injury , CPR
printer mail-detail

Financially entwined

When is a financially interested party entitled to be joined to proceedings, asks Matthew Snarr

In Bottomley (by her litigation friend Helen Ryan) v East Midlands Strategic Health Authority [2010] EWCA Civ 756, [2010] All ER (D) 23 (Jul) the Court of Appeal considered the right of a local authority to be joined to proceedings involving a seriously injured claimant. The local authority wished to make representations as to the form of any settlement or judgment which was likely to significantly affect its own financial liabilities. In short, the case turned on whether or not the court ought to take into consideration the representations by a party who has a significant financial stake in the outcome of the decision to order periodical payments or a lump sum.  
 
The facts

The claimant was a 16-year-old girl who had suffered hypoxic ischemia resulting in brain damage and associated spastic quadriplegia arising out of the defendant’s negligent mismanagement of her birth. Liability was admitted. The claimant’s litigation friend was the local authority’s director of social

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll