Children and Protected Parties – Changes to Civil Procedure Rules
Update 75 to the CPR amends PD21 in respect of the material to be supplied to the court when seeking approval of a settlement or compromise of a personal injury claim on behalf of a child or protected party.
Where approval is sought from the court for an agreement reached before proceedings are issued, the claimant child or protected party must file (with the claim for the approval settlement) medical and quantum reports and joint statements material to the opinion of counsel or the solicitor. Under para 5.2, an opinion from counsel or solicitor will be required except in very clear cases.
Where approval is sought after proceedings have been issued, the opinion of counsel or a solicitor under para 6.4(1) must now be supported by ‘documentary evidence material to the opinion’ (see new para 6.4(3)).
The changes come into effect on 1 October 2014. The relevant paragraphs of PD21 as amended are set out here.