Court approval of proposed settlement of fatal injuries claim is not necessary where dependents are of full age

Fatal injuries – practice and procedure – whether it is necessary for the statutory dependants of a deceased, who are of full age and not under any legal disability, to obtain court approval for a proposed settlement of a fatal injuries claim - approval of the court is always necessary where the (intended) parties agree to accept a PIAB assessment - in all other circumstances where there is agreement between the dependants, the approval of the court will generally only be required where one or more of the statutory dependants is a minor or otherwise under a legal disability – factual background – statutory dependents - assessment of damages – PIAB assessment was for €216,585.50 - assessment specified the proportion of the damages to which each of the statutory dependants was to be entitled - offer was rejected – improved offer of €241,240 plus legal costs – Civil Liability Act and Part IV claims - whether it is necessary for the court to carry out a similar exercise of apportioning damages in circumstances where all the dependants (i) have agreed to compromise the proceedings on the basis of an offer made by a defendant (or their insurers), and (ii) have also agreed the individual damages to be paid to each dependant - all of the statutory dependants are of full age and none are under any legal disability – no requirement for the court to assess the adequacy of the proposed settlement - the function of the court in such circumstances will be more limited - satisfy itself that all of the statutory dependants have full legal capacity; are on notice of the proceedings; and have consented in writing to the terms of settlement - only one action for damages may be brought against the same person in respect of a wrongful death - an adult dependant with full capacity can settle or compromise their own claim, without the necessity for court approval – court requires the plaintiff to file a supplemental affidavit identifying all of the statutory dependants and verifying that the deceased’s two siblings consent to the proposed settlement and the division of same, and waive any claim that they might have had - the function of the court thereafter is confined to the division of the solatium - satisfied that the appropriate division of this amount is that the deceased’s father and her three children should each receive a one-quarter share –