AI Summary of 35. Approval of court required for certain assessments.
This section applies to a relevant claim where a next friend or committee of a minor or person of unsound mind, a person referred to in section 8(4) of the Act of 2022, a person taking a civil action referred to in section 3(aa) for persons to whom section 8(2)(b) of the Act of 2022 applies, or a person proposing to bring an action for damages under section 48 of the Act of 1961 is acting on behalf of the claimant and accepts, subject to approval under this section, the assessment made under section 20 of the relevant claim.
Where an enactment or rule of court requires settlement approval, that enactment or rule applies, with necessary modifications, to the assessment as if proceedings had been brought; the court has jurisdiction to approve the assessment on application by the next friend, committee or other person. The court must order that the applicant's costs are borne by the respondent or respondents. Until such court approval, the assessment, notwithstanding section 33, does not become binding. "Court" is defined by the court capable of awarding damages of the assessment amount, or where two or more courts have jurisdiction, the court with the lesser or least jurisdiction.
35. Approval of court required for certain assessments.
(1) This section applies to a relevant claim where -
(a) a next friend or the committee of a minor or a person of unsound mind is acting on behalf of the minor or person in respect of the claim,
(aa) a person referred to in section 8(4) of the Act of 2022 is acting on behalf of a person in relation to a claim,
(ab) the claim relates to a civil action referred to in section 3(aa) that is being taken by or for the benefit of persons to whom section 8(2)(b) of the Act of 2022 applies, or
(b) the claim relates to a proposed action for damages under section 48 of the Act of 1961,
and the next friend, committee, person referred to in paragraph (aa), person taking the civil action referred to in paragraph (ab), or the person proposing to bring the action for damages referred to in paragraph (b), as the case may be accepts, subject to the assessment being approved under this section, the assessment made under section 20 of the relevant claim.