The judge checks the deal sits within the range a court would have awarded, allowing for the risk of losing at trial.
Settlement approved
[2025] EWHC 1750 (KB)·2025·Settlement approved by the court
A mother attended at 37 weeks with two days of absent fetal movement and worrying heart tracings, but delivery was delayed and the baby suffered brain damage causing cerebral palsy. The court approved a settlement for the now 13-year-old child as being in her best interests.
Reduced fetal movements with abnormal monitoring call for urgent delivery. Court approval hearings for children often keep the settlement figures confidential.
Claimant succeeded
[2024] EWHC 2652 (KB)·2024·Damages assessed at trial
A child with cerebral palsy from admitted birth negligence lived in an unsuitable house with stairs, and his family sought a large interim payment to buy and adapt a suitable home. The Master applied the Eeles test, was not satisfied with the evidence for a £2 million property, but approved an interim award based on a more conservative £950,000 valuation.
Interim payments for accommodation need comparative property evidence showing the price is reasonable. Courts will approve a conservative figure rather than the family's preferred one if the evidence is thin.
Settlement approved£3.85M
[2024] EWHC 2569 (KB)·2024·Settlement approved by the court
A 23-year-old mother was discharged after giving birth in July 2015, developed breathlessness and palpitations, and suffered a cardiac arrest after being readmitted, leaving her with severe hypoxic brain damage. The claim settled on the day the quantum trial was due to start and the court approved the package for her as a protected party.
Maternal claims are not limited to injuries during labour itself; a failure in care in the weeks after birth that causes brain injury can lead to a multi-million-pound settlement. Where the injured person lacks capacity, a judge must approve any settlement.
Settlement approved£5.75M
[2024] EWHC 2499 (KB)·2024·Settlement approved by the court
A child born in April 2019 after an induced labour suffered fetal bradycardia and a brain injury; the Trust admitted the clinical failures by letter in April 2021. The court approved a settlement of a £5.75m lump sum plus lifelong index-linked periodical payments, worth about £16.7m in total.
Serious cerebral palsy claims are usually settled as a lump sum plus annual periodical payments for care, so the headline total depends on how long the child lives. Before approving a deal for a child the judge checks it sits within the range a court would have awarded.
Settlement approved£5.56M
[2024] EWHC 25 (KB)·2024·Settlement approved by the court
The baby's shoulders became stuck during delivery and manoeuvres failed, so she was deprived of oxygen and left with cerebral palsy; the Trust admitted in 2012 that it failed to deliver her with sufficient or safe speed. The court approved a settlement of about £5.56m plus lifelong periodical payments.
Shoulder dystocia claims are not only about arm injuries; a prolonged delay in freeing the baby can cause brain injury, and damages then reflect lifelong care needs. Approval judgments like this are one of the few public sources showing what such settlements are worth.
Settlement approved£2.5M
[2023] EWHC 2975 (KB)·2023·Settlement approved by the court
A 37-year-old mother suffered a cardiac arrest because intravenous fluids were not given during spinal anaesthesia just after her daughter's birth, leaving her with a brain injury; the hospital admitted liability. The court used its inherent jurisdiction to approve a settlement worth roughly £5.56m including periodical payments.
Anaesthetic errors around delivery can found a maternal negligence claim even when the baby is unharmed. Courts can approve settlements for adults with cognitive impairment even where they have not formally been found to lack capacity.
Claimant succeeded£340,000
[2023] EWHC 2986 (KB)·2023·Liability decided at trial
The Trust admitted it missed an aortic dissection that emergency surgery would probably have cured, and settled the fatal claim for £340,000. When the widow and children later sued for psychiatric injury from witnessing the death, the Trust tried to strike that out but withdrew after discovering the earlier settlement had never been court-approved.
Fatal claims involving children need court approval of any settlement or it may not bind them. A missed aortic dissection in a chest-pain patient was accepted as negligent and fatal.
Settlement approved£9.3M
[2023] EWHC 1547 (KB)·2023·Settlement approved by the court
A low-birth-weight baby was not fed adequately overnight and his blood sugar was not checked early enough, causing hypoglycaemic brain damage; the Trust admitted liability in 2018. The court approved a £9.3m lump sum plus periodical payments and held the Trust also owed interest for accepting the offer late.
Negligence in the first days of a newborn's life, not just during labour, can produce some of the largest clinical negligence awards. If a defendant accepts a Part 36 offer late, interest for the delay can be claimed on top.
Settlement approved£6.5M
[2023] EWHC 963 (KB)·2023·Settlement approved by the court
A 19-year-old with severe cerebral palsy from a brain injury at his 2004 birth settled his claim without any admission of liability. The judge approved a package of a £6.5m lump sum plus lifelong periodical payments for care, with a total capitalised value of about £17.2m.
Settlements for people who lack capacity must be approved by the court, and the judge weighs litigation risk against the offer. Combining a lump sum with periodical payments is often preferred because it guarantees care funding for life.
Settlement approved£50,000
[2016] EWHC 500 (QB)·2016·Settlement approved by the court
The Trust admitted it negligently failed to diagnose the claimant's torn aorta for 20 days, but disputed that this caused his later stroke; the claimant accepted a £50,000 offer just before trial, months after it had expired. This ruling decides who pays the legal costs, applying the normal rules so the claimant pays the defendant's costs for the period after the offer lapsed.
Accepting a settlement offer late can cost a claimant heavily in legal costs even when negligence is admitted. A missed aortic dissection was accepted as negligent, but the disputed stroke was never proved.