Rule 1 Compromise or payment of claim
Northern Ireland
In any proceedings in which money or damages is or are claimed by or on behalf of or for the benefit of a minor or [f1 patient] suing either alone or in conjunction with other parties—
no settlement or compromise or acceptance of money paid into court, whether before, at or after the hearing, shall be valid without the approval of [f2 the judge or district judge as the case may be];
no money or damages recovered or awarded in any such proceeding whether by settlement, compromise, payment into court or otherwise before, at or after the hearing shall be paid to any party or to the next friend, guardian ad litem or [f3 controller] of any party or to any party’s solicitor unless [ the judge or district judge as the case may be] so directs.
All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as [ the judge or district judge as the case may be] shall direct and the said money or any part thereof may be so directed—
to be paid into court and to be invested or otherwise dealt with there; or
to be otherwise dealt with.
The directions referred to in paragraph (2) may include any general or special directions that [ the judge or district judge as the case may be] may think fit to give, including (without prejudice to the generality of the foregoing provisions) directions as to how the money is to be applied or dealt with and as to any payment to be made either directly or out of the amount paid into court to the plaintiff, to the next friend or to the solicitor for the plaintiff in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on, behalf of or for the benefit of the minor or [ patient] or otherwise, or to the solicitor for the plaintiff in respect of costs.
Where, under paragraph (2), money is directed to be paid into court on behalf of a minor, the next friend or solicitor of the minor shall lodge in the Office a copy of the minor’s certificate of birth.
Annotations
Footnotes
- f1
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Word substituted by S.R. 1988 No. 100 with effect from 01.05.88
- f2
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Words amended by S.R. 2013 No. 19 with effect from 25.02.13
- f3
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Words substituted by S.R. 1986 No. 218 with effect from 01.08.86