Q&As

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would the need for the court approval hearing cease as the 'protected party' would be dead?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 02/05/2018

The following PI & Clinical Negligence Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would the need for the court approval hearing cease as the 'protected party' would be dead?

If the claimant died before the court approval hearing would the personal representatives of their estate attend the court approval hearing or would the need for the court approval hearing cease as the 'protected party' would be dead?

Pursuant to CPR 21.10, where a claim is made by or on behalf of a child or protected party, or against a child or protected party, no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the child or protected party, without the approval of the court.

The requirement that no settlement can be accepted on behalf of a protected party/child without the approval of the court is there to ensure that the claim is not under-settled and also to ensure that the child’s compensation award is appropriately managed and invested until they turn 18. Usually, when an offer has been accepted, a claim will be brought under

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