The Civil Procedure Rules 1998

[F1 Compromise etc. by or on behalf of a child or protected party E+W

21.10.— (1) Where a claim is made—

(a) by or on behalf of a child or protected party; or

(b) against a child or protected party,

no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court.

(2) Where—

(a) before proceedings in which a claim is made by or on behalf of, or against, a child or protected party (whether alone or with any other person) are begun, an agreement is reached for [F2 a settlement or compromise or a payment (including any voluntary interim payment) which relates to the claim]; and

(b) the sole purpose of proceedings is to obtain the approval of the court to a settlement or [F3 compromise or a payment (including any voluntary interim payment) which relates to the claim],

the claim must—

(i) be made using the procedure set out in Part 8 (alternative procedure for claims); and

(ii) include a request to the court for approval of the settlement or compromise [F4 or payment (including any voluntary interim payment)].

[F5 (3) The documents supporting any application or request for approval must include—

(a) a draft consent order setting out the proposed settlement terms;

(b) details of whether or to what extent liability is admitted;

(c) the age and occupation (if any) of the child or protected party;

(d) confirmation that the litigation friend approves the settlement;

(e) a copy of any relevant medical, financial or other expert evidence or advice;

(f) in a personal injury claim arising from an accident, details of the accident and of claimed loss and damage;

(g) any documents relevant to considerations of liability; and

(h) a legal opinion on the merits of the settlement, except in very clear cases, together with any relevant instructions unless they are sufficiently set out in the opinion.

(4) If the claim includes damages for future financial loss, the court must be satisfied that the parties have considered whether the damages should wholly or partly comprise periodical payments.

(5) If the settlement includes periodical payments, the draft consent order must satisfy the requirements of rules 41.8 and 41.9 as appropriate.

(6) In proceedings to which [F6 Section IV] of Part 45 applies, the court will not make an order for detailed assessment of the costs payable to the child or protected party but will assess the costs in the manner set out in that Section.

(7) Where settlement of a claim by or on behalf of a dependent child includes agreement on a sum to be apportioned to the dependent child, the parties must provide to the court in addition details of—

(a) the claimed loss of future earnings in respect of the deceased;

(b) the nature and extent of the dependency.]

(Rule [F7 46.4] contains provisions about costs where money is payable to a child or protected party.)]

Textual Amendments

F1 Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

F2 Words in rule 21.10(2)(a) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 4(1)(a)

F3 Words in rule 21.10(2)(b) substituted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 4(1)(b)(i)

F4 Words in rule 21.10(2)(b)(ii) inserted (1.10.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(1), 4(1)(b)(ii)

F5 Rule 21.10(3)-(7) substituted for rule 21.10(3) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(11)

F6 Words in rule 21.10(6) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 7(1) (with rule 2)

F7 Word in rule 21.10 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 7(a)(ii) (with rule 22)