The necessary mechanism to manage an award of damages secured on behalf of a protected party can give rise to a number of practical difficulties, particularly where the damages have been reduced due to contributory negligence or litigation risk.
Over the past months, a number of Claimant solicitors have approached the author seeking representation at hearings to oppose dismissal of Part 8 (RTA and EL/PL Protocol “Stage 3”) Proceedings.
The Supreme Court decision in WM Morrisons Supermarkets plc v Various Claimants  UKSC 12 returned the law on vicarious liability to long established common law principles.
In 2004 in Halsey v Milton Keynes General NHS Trust the Court of Appeal held that:
‘to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court.’