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WHO TO SUE? (Child - Under 18 (21.2b) Protected Party - party that lacks…

- - - - 21PD5
        The claim must include the following:
        1) Terms of the settlement/ compromise/ Draft consent order in N929
        2) Details to what extent D admits liability
        3) Age and occupation of child/ protected party
        4) Litigation friend's approval of the proposed settlement/ compromise
        5) Copy of any financial advice relating to the settlement
        6) For personal injury arising from accident
        
        Details of circumstances of the accident
        
        Medical and quantum reports and joint statement
        
        Schedule of any past/ future expense and losses claim and any other info relating to personal injury and
        
        where considerations of liability is raised, any evidence or reports in any criminal proceedings/ in an inquest and details of any prosecution brought.
      - An opinion on the merits of the settlement/ compromise given by counsel/ solicitor acting for the child/ protected party must be obtained and supplied to the court.
      - Where in any personal injury case a claim for future pecuniary loss is settled, the court must be satisfied that parties have considered whether the damages should wholly/ partly take the form of periodical payments
        
        If settlement includes provision for periodical payments, the claim must
        
        Set out the term of the settlement/ compromise OR
        
        have attached to it a draft consent order
      - Applications will normally be heard by
        
        Master/ District Judge in proceedings involving child and
        
        Master, designated civil judge or his nominee in proceedings involving a protected party
    - - Court must be satisfied that parties have considered whether the damages should wholly/ partly take form of periodical payments.
        
        If settlement includes periodical payment, application must
        
        set out the terms of the settlement/ compromise
        
        have attached to it a draft consent order
        
        Court must be supplied with an opinion on the merits of settlement/ compromise given by counsel/ solicitor acting for the child/ protected party and
        A copy of any financial advice and
        documentary evidence material to the opinion
- - - - A claim is treated as having been brought against "the estate of" the deceased where
        A) the claim is brought against the "personal representatives of the deceased but a grant of probate/ administration had not been made OR
        the person against whom the claim was brought was dead when the claim was started.