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PI Brief Update

When is a Protected Party Not a Protected Party? Never... for Now - Robert Vernon, 9 Park Place Chambers

16/11/12. Rule 21.10(1) of the Civil Procedure Rules provides that: “Where a claim is made – (a) by or on behalf of a ... protected party; or (b) against a ... protected party, no settlement, compromise or payment ... and no acceptance of money paid into court shall be valid, so far as it relates to the claim by, on behalf of or against the ... protected party, without the approval of the court.”

What, though, is the position where a personal injury claim is issued and settled (even at the door of the court) in circumstances where the claimant was not known to be a protected party at the time the settlement was reached?  One might reasonably have expected such a point to be the subject of authority but, until Bean J issued his judgment in Joanne Dunhill (A Protected Party by her Litigation Friend, Paul Tasker) v Burgin [2012] EWHC 3163 (QB) on 9 November 2012, apparently the issue had never been determined.

Image cc David Dixon

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