(1) No settlement or
compromise, and no acceptance of money paid into court, whenever entered into
or made, in any cause or matter (other than an appeal to the Court of Appeal)
in which there is a claim by or on behalf of or against a person under
disability, is valid unless it is approved by the Court.
(2) An application for
approval under subrule (1) —
(a) if
made before the hearing of a cause or matter, must be by summons in chambers;
(b) if
made during the trial of an action or issue, must be to the trial judge on
motion,
and must be supported
by affidavit and by the opinion of an independent counsel; but the Court may
dispense with the necessity of obtaining counsel’s opinion.
(3) In this rule
settlement includes an acceptance of an offer to consent to judgment.
[Rule 10 inserted: Gazette
7 Oct 1977 p. 3602; amended: Gazette 29 Apr 2005
p. 1795; 28 Jun 2011 p. 2552; SL 2020/242
r. 9(24) and (25).]