23Application for order approving settlement of proceeding by person under disability

23 Application for order approving settlement of proceeding by person under disability

(1)  [Rule 23 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] [Rule 23 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] [Rule 23 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] A litigation guardian or other party to any proceeding may apply to the Court at any stage of the proceeding for an order approving a compromise or settlement of the proceeding.

(2)  Unless the Court otherwise orders, an application is to be supported by –

(a) an affidavit by the litigation guardian; and

(b) an affidavit by the applicant's practitioner as to the opinion of that practitioner –

(i) indicating any considerations relevant to the settlement or compromise; and

(ii) [Rule 23 Subrule (2) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] exhibiting copies of relevant material appearing in any medical report or hospital record relevant to the proceeding.

(3)  Any affidavit under subrule (2) is to be filed in a sealed envelope endorsed with –

(a) [Rule 23 Subrule (3) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] the title of the proceeding; and

(b) the name of the person who swore the affidavit; and

(c) the date on which the affidavit was sworn; and

(d) a statement that the envelope contains the affidavit.

(4)  A party applying for an order referred to in subrule (1) is not required to serve any other party with a copy of any affidavit filed in support of the application.

(5)  A party who is not served with an affidavit is not entitled to access to that affidavit unless –