sec.24Entitlement on refusal of court to sanction compromise

sec.24 Entitlement on refusal of court to sanction compromise

Where a court having jurisdiction in that behalf refuses to sanction the compromise of an action brought by an infant plaintiff and on the trial of the action the amount of the judgment obtained by the plaintiff is an amount that is not greater than the amount that the defendant had agreed to pay under the compromise and the infant plaintiff or the infant plaintiff’s next friend is ordered to pay the whole or part of the defendant’s costs of the action on any ground including the payment of money into court by the defendant, the infant plaintiff or the infant plaintiff’s next friend, as the case requires, shall be entitled to be paid from the fund— an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend; and an amount equal to the infant plaintiff’s costs of the action incurred after the date on which the court refused to sanction the compromise, as assessed or agreed upon by the board and the infant plaintiff or his or her next friend or the infant plaintiff’s solicitors and not ordered to be paid by any other party; and where the costs referred to paragraph (b) are assessed at the instance of the infant plaintiff or the infant plaintiff’s next friend—an amount equal to the costs incurred by the infant plaintiff or on the infant plaintiff’s behalf in having those costs assessed. Notwithstanding subsection (1) — where the board is satisfied that the infant plaintiff or the infant plaintiff’s next friend unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the infant plaintiff or the infant plaintiff’s next friend undue hardship—the board may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend be paid from the fund for and on behalf of the infant plaintiff or the infant plaintiff’s next friend to the defendant, and thereupon the defendant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the infant plaintiff or the infant plaintiff’s next friend in respect of those costs to the extent of the amount paid in accordance with the direction; the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 infant plaintiff or the infant plaintiff’s next friend shall not in any case exceed $4,000 or such other amount as is prescribed from time to time. s 24 amd 2002 No. 34 s 74 sch 6 (sec.24-ssec.1) Where a court having jurisdiction in that behalf refuses to sanction the compromise of an action brought by an infant plaintiff and on the trial of the action the amount of the judgment obtained by the plaintiff is an amount that is not greater than the amount that the defendant had agreed to pay under the compromise and the infant plaintiff or the infant plaintiff’s next friend is ordered to pay the whole or part of the defendant’s costs of the action on any ground including the payment of money into court by the defendant, the infant plaintiff or the infant plaintiff’s next friend, as the case requires, shall be entitled to be paid from the fund— an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend; and an amount equal to the infant plaintiff’s costs of the action incurred after the date on which the court refused to sanction the compromise, as assessed or agreed upon by the board and the infant plaintiff or his or her next friend or the infant plaintiff’s solicitors and not ordered to be paid by any other party; and where the costs referred to paragraph (b) are assessed at the instance of the infant plaintiff or the infant plaintiff’s next friend—an amount equal to the costs incurred by the infant plaintiff or on the infant plaintiff’s behalf in having those costs assessed. (sec.24-ssec.2) Notwithstanding subsection (1) — where the board is satisfied that the infant plaintiff or the infant plaintiff’s next friend unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the infant plaintiff or the infant plaintiff’s next friend undue hardship—the board may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend be paid from the fund for and on behalf of the infant plaintiff or the infant plaintiff’s next friend to the defendant, and thereupon the defendant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the infant plaintiff or the infant plaintiff’s next friend in respect of those costs to the extent of the amount paid in accordance with the direction; the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 infant plaintiff or the infant plaintiff’s next friend shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.