299Compromise by person under disability

299 Compromise by person under disability

(1)  Subject to the Guardianship and Administration Act 1995 , in any proceeding, any settlement, compromise, payment or acceptance of money paid into Court, so far as it relates to a claim for money by or on behalf of a person under disability, is not valid without the approval of the Court or a judge.

(2)  [Rule 299 Subrule (2) amended by S.R. 2001, No. 100, Applied:12 Sep 2001] If, before the start of a proceeding in which a claim for money is made by or on behalf of a person under disability, an agreement is reached for the settlement or compromise of the claim and the parties, by originating application, seek the approval of the Court or a judge of the settlement or compromise, the parties may apply for –

(a) that approval and any orders and directions necessary to give effect to the approval or as may be appropriate; or

(b) directions as to the further prosecution of the claim.

(3)  An originating application concerning a claim under the Fatal Accidents Act 1934 is to state the particulars mentioned in section 7 of that Act.

(4)  Unless the Court or a judge otherwise orders, an application under this rule is to be supported by –

(a) an affidavit by the litigation guardian of the person under disability; and

(b) [Rule 299 Subrule (4) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] 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) exhibiting copies of relevant material appearing in any medical report or hospital record relevant to the claim of the person under disability.

(5)  An affidavit under subrule (4) is to be filed in a sealed envelope endorsed with –