The Court declined for the second time to approve a settlement of a medical negligence claim brought on behalf of a 12-year-old plaintiff, finding that the material presented — including counsel's opinions of approximately 3 pages and 1 page respectively — fell below the standard required for the Court to discharge its protective function. Chen J restated that counsel's opinion in a settlement approval application must be comprehensive, detailed and reasoned, evidently based on all relevant facts, and must identify key liability and damages issues, analyse the evidence, detail liability and quantum discounts with reasons, and weigh the advantages and disadvantages of continuing litigation. The Court confirmed that the approval process is not a formality or 'rubber stamp' and that the Court necessarily relies heavily on counsel's opinion, which imposes a corresponding responsibility of high importance on solicitors, counsel and tutors.
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