Will Dispute Case Update – Dunhill v Burgin (2012) EWHC 3163
In these situations, for any settlement to be binding, it must first be approved by the Court.
However, what happens if the fact that someone was in fact a protected party is only discovered after the settlement has been concluded?
This was considered in Dunhill v Burgin  EWHC 3163 (QBD). In this case the High Court held that CPR 21.10, which requires court approval of a settlement of a claim by or on behalf of a protected party, applies even if, at the time of settlement, the claimant was not known to lack capacity.
This means that a settlement made without approval will be invalid if a claimant is subsequently accepted to have been without capacity.
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