Infant approvals in defending personal injury claims
This article forms part of a series examining how defendants can respond to personal injury claims and focuses on infant approvals, an important procedural requirement in claims involving children, which can have significant consequences if not properly followed.
Where a child has suffered a personal injury, they are entitled to bring a claim for compensation in much the same way as an adult. However, the procedure differs in a number of important respects, and defendants must take care to ensure that any settlement reached is legally valid.
What are infant approvals?
Under Rule 21.10 of the Civil Procedure Rules, where a claim is brought by or on behalf of a child (or against a child), no settlement, compromise or payment is valid without the approval of the court. The terms of the rule are mandatory.
In practice, this requirement is not always followed. For example, claims are sometimes resolved by way of a parental indemnity, where a parent agrees to accept a settlement on behalf of the child without court involvement. This approach carries legal risk and does not provide a binding resolution.
How the process works in practice
As with any personal injury claim, medical evidence will be required to set out the injuries sustained and provide a prognosis. Once obtained, in most instances, Counsel is instructed to provide their opinion on a reasonable settlement.
However, once settlement has been agreed between the parties, the claim cannot be considered settled and concluded, unlike an adult personal injury claim.
To ensure that the child’s best interests are protected and the settlement sum is reasonable and any agreement is binding, a civil claim must be issued and subsequently approved by the Court. This is by way of an infant approval hearing, and the child must be represented by a Litigation Friend, typically a parent or other family member, and both will normally be required to attend the hearing.
Approval and payment of damages
Once the Judge is satisfied that the compensation agreed is reasonable, the settlement will be approved. However, the child will not be able to receive their compensation until they turn 18. It is paid into the Court Funds Office to protect the payment until such time as it is paid out to the child. Once the payment has been made to the Court Funds Office, only then is the claim considered settled.
This process provides protection not only to the child, but also to the compensator, as it avoids a situation whereby the child reaches adulthood and then seeks to re-open the claim if they feel it was settled at an undervalue.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
