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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Compromise etc. by or on behalf of child or patient

21.10—(1) Where a claim is made—

(a)by or on behalf of a child or patient; or

(b)against a child or patient,

no settlement, compromise or 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 patient, 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 patient (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 on that claim 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.

(Rule 48.5 contains provisions about costs where money is payable to a child or patient)

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