C1F1PART 21CHILDREN AND PROTECTED PARTIES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Compromise etc. by or on behalf of a child or protected party21.10

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 the settlement of the claim; and

b

the sole purpose of proceedings is to obtain the approval of the court to a settlement or compromise of 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.

3

In proceedings to which Section IIF2or F4Section III 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.

(Rule F346.4 contains provisions about costs where money is payable to a child or protected party.)