Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

This is a narrow decision. It only applies to approval hearings of settlements agreed between the parties.

The *only* reason an approval hearing is needed is because of rules designed to protect the protected party or child. Yet as a result of those rules, their personal details were being made public, potentially putting them at risk given the sums of money often involved.

Crucially in my view, if an adult with capacity reaches a settlement, there is no court hearing; no publicity, no personal details discussed in a public hearing. Yes, Court documents could be obtained by a suitably motivated journalist, but why would they randomly request details of a Claim if there had not been a public hearing bringing it to people's attention and giving details of the settlement?

I just cannot see why open justice demands that a vulnerable Claimant face a public hearing when an equivalent litigant with capacity does not have to.

Your details

Cancel