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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 after proceedings have been issued (rule 21.10(2) and PD21 paras.6.1 and 7)

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

PF 170B
Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim after proceedings have been issued
(rule 21.10(2) and PD21 paras. 6.1 and 7)

1. Parties should use Form N244 and include in the application notice

(a) a request for approval by the court of the settlement or compromise in accordance with rule 21.10(1);

(b) all the information required by paras 6.2, 6.3 and 6.4 of the Practice Direction to Part 21;

(c) in a Fatal Accidents Act claim, the information required by para. 7.4 of the Practice Direction to Part 21.

2. A draft consent order in Form N292 containing the terms of the settlement or compromise should be attached to the application notice wherever possible; if that is not possible the terms should be set out in the application notice.

3. 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 application notice 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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