Q&As

Is court approval needed for the discontinuance of a litigated personal injury claim where the claimant lacks capacity and is advised to discontinue. Can a notice be filed in the usual way or is court approval required?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on: 19 June 2018
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CPR 21.10 requires the court’s approval for any ‘settlement, compromise or payment’ to be valid. There is no specific mention of discontinuance in any of the rules in CPR Part 21, or CPR PD 21.

This issue was considered by Keith J in Sayers

David Green
David Green

A personal injury and employment barrister with particular interest and expertise in occupational disease, military and international claims, and in discrimination and whistleblowing cases.

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Jurisdiction(s):
United Kingdom

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