Approval of damages

In a letter in the APIL PI Focus issue 3, Daryl Robinson of Lloyd Green Solicitors drew attention to a subtle rule change which deprived district judges of the jurisdiction to hear applications to approve settlements or compromises on behalf of a protected party under PD 21.5 before the issue of proceedings. Paragraph 5.6 of the Practice Direction now states as follows: ‘Applications for the approval or settlement or compromise will normally be heard by (1) a Master or a District Judge in proceedings involving a child; and (2) a Master, designated civil judge or his nominee in proceedings involving a protected party’. The notes to CPR 21.10.2 state: ‘On the basis that the word “normally” in Paragraphs 5.6 and 6.5 is intended to mean that the application for approval is usually heard by a Master or District Judge as opposed to a judge, the new Practice Direction has limited the jurisdiction of the District Judge in relation to protected parties. It is to be noted that a child may be a protected party in which case the District Judge will not have jurisdiction.’