High Court Settlement of €350,000 Where Action was ‘Likely to Fail’

Kate Kelly BL, Decisis

September 19, 2022

M.K. v Sacred Heart Missionary Education Trust (Approval of proposed settlement) [2022] IEHC 500 (High Court (General), Simons J, 16 September 2022)

The High Court approved a settlement in a personal injuries action, regarding historical sexual abuse, for the sum of €350,000, where the application to approve the proposed settlement was brought by a 'next of friend' as the plaintiff lacked capacity, on the grounds that – in circumstances where the action was 'likely to fail' – the proposed settlement was excellent and the plaintiff had 'no realistic prospect' of beating the offer if it went to trial.

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