39AAgreements by next friend etc. on behalf of infants

39A Agreements by next friend etc. on behalf of infants S. 39A(1) amended by No. 64/1990 s. 18(1)(a). (1) If a minor is or appears to be entitled to recover damages for bodily injury (other than injury caused by or arising out of the use of a motor car within the meaning of the **Transport Accident Act 1986**) and any parent or guardian or next friend of the minor or any person standing in loco parentis to the minor or the State Trust (as the case may be) believes that the amount of compensation in respect of the bodily injury offered or tendered by or on behalf of the person or body from whom or which the damages are claimed is reasonable and adequate having regard to— (a) the bodily injury sustained; and (b) the probability or otherwise of the minor succeeding in any proceeding in recovering damages against the person or body from whom or which the damages are claimed— the parent or guardian or next friend or person standing in loco parentis or the State Trust (as the case may be) is entitled in the name and on behalf of the minor to enter into an agreement in writing with the person or body from whom or which the damages are claimed to accept the amount of compensation so offered or tendered. (2) Every agreement entered into in accordance with subsection (1)— (a) may be filed with the registrar or deputy registrar of the County Court at the sittings nearest or most convenient to the place of residence of the minor; and S. 39A(2)(b) amended by No. 64/1990 s. 18(1)(b). (b) if so filed must be accompanied by an affidavit made by the parent, guardian, next friend, person standing in loco parentis, a director of the State Trust (as the case may be) who entered into the agreement verifying the facts on which the agreement is based and be supported by any affidavit required by the rules or by the County Court. (3) As soon as practicable after the filing of an agreement under subsection (2) the registrar or deputy registrar must submit it to the County Court. (4) An agreement entered into in accordance with subsection (1) does not have any force or effect until it has been filed and approved by order of the County Court in accordance with this section and any agreement so filed which is with the consent of the parties approved in an amended form is deemed to have been filed in the amended form. (5) Every order under this section must among other things make any provision that the court thinks proper for— (a) the payment into court of the whole or part of the compensation agreed to be paid; and (b) the allotment, investment, payment out of court or other application of the compensation (including money arising from investment) for the benefit of the minor but the court may at any subsequent time (whether by variation of a former order or not) make any further order with respect to the allotment, investment, payment out of court or other application of the compensation (including money arising from investment) that appears to the court to be proper having regard to the then existing circumstances. (6) An order under this section must not be made unless the court is satisfied with respect to— S. 39A(6)(a) amended by No. 64/1990 s. 18(1)(c). (a) the right of the parent, guardian, next friend or other person standing in loco parentis or of the State Trust to act for the minor; and (b) the reasonableness and adequacy in the circumstances of the amount of compensation; and (c) the genuineness of the agreement. (7) When an order approving an agreement is made, the order— (a) must be recorded without fee by the registrar or deputy registrar in a special register; and (b) is enforceable in all respects as if the order were a judgment of the County Court. (8) When an order approving an agreement has been complied with by the person or body from whom or which the damages are claimed, that person or body is released and discharged from all liability to the minor in respect of the bodily injury. (9) This section is not limited by any other provision of this Act. (10) Nothing in this section applies in any case where a proceeding has been commenced in a court by or on behalf of the minor for the recovery of damages for bodily injury. Pt 2 Div. 2A (Heading and s. 39B) inserted by No. 15/1998 s. 8.