The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been approved by the court (usually the Court of Protection).
A compromise involving a protected party needs to be approved:
first, because the court needs to be satisfied that the compromise is fair: it safeguards protected parties from any mistakes by their legal advisors or from pressure to settle a case quickly for less than it is worth
secondly, because a court-approved compromise protects the defendant, as it ensures that the defendant is properly discharged from the claim
finally, because the court ensures that the money is protected and properly looked after by being invested on behalf of the protected party
Where settlement is reached before proceedings are begun and the sole purpose of proceedings is to obtain the approval of the Court of Protection, the claim must be made using the procedure set out in Part 8 of the Civil Procedure Rules 1998 (alternative procedure for claims) and include a request to the court for approval of the settlement or compromise.
If no settlement has been reached the claim can be issued in the usual way. If settlement is reached after issue, an application can then be
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.