Page 954 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

SCHEDULE 3.2 — MINORS AND PATIENTS (PD21)
Rule 3.26
1. Settlement or compromise by or on behalf of a minor or patient before the start of
proceedings
(1) This paragraph applies to a settlement or compromise to which rule 3.22(1)
applies.
(2) In order to approve the settlement or compromise, the court must be provided
with the following information concerning the claim —
(a) whether and to what extent the defendant admits liability,
(b) the age and occupation (if any) of the minor or patient,

(c) the litigation friend’s approval of the proposed settlement or compromise,
and
(d) in a claim for personal injuries arising from an accident —
(i) the circumstances of the accident,
(ii) any medical reports,
(iii) where appropriate, a schedule of any past and future expenses and
losses claimed and any other relevant information relating to the
personal injuries as set out in rule 6.13, and
(iv) where considerations of liability are raised, any evidence or police
reports in any criminal proceedings or in an inquest, and details of
any prosecution brought.
(3) An opinion on the merits of the settlement or compromise given by an
advocate acting for the minor or patient must, except in very clear cases, be obtained.
(4) A copy of the opinion and, unless the instructions on which it was given are
sufficiently set out in it, a copy of the instructions, must also be supplied to the court.
(5) The court must be satisfied that the parties have considered whether the
damages should wholly or partly take the form of periodical payments.
(6) Where the settlement includes provision for periodical payments, the claim
must —
(a) set out the terms of the settlement or compromise; or
(b) have attached to it a draft consent order,
which must satisfy the requirements of paragraph (7).
(7) The terms or order must specify —
(a) the annual amount awarded, how each payment is to be made during the year
and at what intervals;
(b) the amount awarded for future —
(i) loss of earnings and other income; and
(ii) care and medical costs and other recurring or capital costs;
(c) the duration of the payments;
(d) if the amount of the payments are to vary annually, the method by which the
variation is to be calculated;
(e) where the terms or order provide for any part of the award to continue after
the claimant’s death, for the benefit of the claimant’s dependants, the relevant
amount and duration of the payments and how each payment is to be made
during the year and at what intervals;

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