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COMPROMISE BY OR ON BEHALF OF A CHILD OR PATIENT

A settlement will include where the child or patient accepts a Part 36 offer to settle or payment into court20 or provisional damages21 for which, therefore, the court’s approval must also be sought.

Also, under the common law, in many instances, a contract between a child and another person is not binding, unless the child ratifies the contract on reaching the age of 18. As a result of this, if a claim made by or against a child is compromised before proceedings are started, there is a procedure for the court to approve the settlement and if it is approved, the settlement is binding and enforceable (r 21.10(2)).