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Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim before proceedings are begun (rule 21.10(2) and PD21 paras.5 and 7)

Document Cited authorities 2 Cited in Related
Vincent
Published date21 March 2018
Subject MatterKing's Bench forms
PF 170(A)

PF 170A
Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim
before proceedings are begun
(rule 21.10(2) and PD21 paras. 5 and 7)

  1. Parties should use a Part 8 claim form in Form N208 and include in the claim form

(a) a request for the approval of the court of the settlement or compromise in accordance with rule 20.10(2), and

(b) all the information required by paras 5.1, 5.2, 5.3, 5.4 and 5.5 of the Practice Direction to Part 21

(c) in a Fatal Accidents Act claim,

(i) the particulars referred to in section 2(4) of the Fatal Accidents Act 1976, namely the person or persons for whom and on whose behalf the claim is brought, and the nature of the claim in respect of which damages are sought to be recovered;

(ii) the particulars required by paragraph 5 of the Practice Direction to Part 16; and

(iii) the information required by paragraph 7.4 of the Practice Direction to Part 21.

  1. A draft consent order in Form N292 containing the terms of the settlement or compromise should be attached to the claim form wherever possible; if that is not possible the terms should be set out in the claim form.
  2. In addition the parties should observe that directions as to investment of the sum awarded will be considered at the hearing for approval in accordance with rule 21.11 and paragraphs 8, 9, and 10 of the Practice Direction to Part 21. The claim form should seek the directions of the court for dealing with the money agreed to be paid. Where practicable these directions should be included in the draft consent order.

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