Rule 45.31 Settlement at Stage 2 or Stage 3 where the claimant is a childF1

(1)

This rule applies where—

(a)

the claimant is a child;

(b)

there is a settlement—

(i)

at Stage 2 of the relevant Protocol; or

(ii)

after proceedings are started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer; and

(c)

an application is made to the court to approve the settlement.

(2)

Where the court approves the settlement—

(a)

where paragraph (1)(b)(i) applies, at a settlement hearing at Stage 2 of the relevant Protocol; or

(b)

where paragraph (1)(b)(ii) applies, at the settlement hearing under the Stage 3 procedure,

it shall order the defendant to pay—

(i)

the Stage 1 and 2 fixed costs;

(ii)

the Stage 3 Type A, B and C fixed costs; and

(iii)

disbursements allowed in accordance with Section IX of this Part.

(3)

Where the court does not approve the settlement—

(a)

at a settlement hearing at Stage 2 of the relevant Protocol; or

(b)

at the settlement hearing under the Stage 3 procedure,

it shall order the defendant to pay the Stage 1 and 2 fixed costs.

(4)

Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at—

(a)

where paragraph (1)(b)(i) applies, a second settlement hearing; or

(b)

where paragraph (1)(b)(ii) applies, the Stage 3 hearing.

(5)

At the second settlement hearing or Stage 3 hearing, as appropriate, the court shall order the defendant to pay—

(a)

the Stage 3 Type A and C fixed costs for the first settlement hearing;

(b)

disbursements allowed in accordance with Section IX of this Part; and

(c)

the Stage 3 Type B fixed costs for one of the hearings.

(6)

The court in its discretion may also order—

(a)

the defendant to pay an additional amount of either or both the Stage 3—

(i)

Type A fixed costs;

(ii)

Type B fixed costs; or

(b)

the claimant to pay an amount equivalent to either or both of the Stage 3—

(i)

Type A fixed costs;

(ii)

Type B fixed costs.

(7)

Where paragraph (1)(b)(ii) applies and the settlement is not approved at the Stage 3 hearing the court shall order the defendant to pay the Stage 3 Type A fixed costs.

Annotations

Textual amendments

F1: Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

Notes on Part 45

Textual amendments

F2: Words in Pt. 45 Table of Contents inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(a)
F3: Words in Pt. 45 Table of Contents omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(b)
F4: Words in Pt. 45 Table of Contents inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(1)