The following Wills & Probate Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
There are specific procedural provisions relating to claims brought by minors or by protected parties (ie those who lack capacity). Minors are not ordinarily able to bring proceedings in their own right, but rather must act via a litigation friend (on which, see generally CPR Part 21).
CPR 21.10 provides that where a claim is made by or on behalf of a child or protected party, or against them, no settlement, compromise or payment is valid without the approval of the court. This includes an agreement reached prior to the issue of a claim, in which circumstances Part 8 proceedings to obtain court approval is required.
It is therefore common for proceedings to be before the court solely to deal with the approval of a settlement on behalf of a child. This is particularly common in the context of road traffic accident cases, and the standard form of order in respect of s
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