Section 45.31

This rule applies where— the claimant is a child; there is a settlement— at Stage 2 of the relevant Protocol; or after proceedings are started under the Stage 3 Procedure and the settlement is more than the defendant’s relevant Protocol offer; and an application is made to the court to approve the settlement. Where the court approves the settlement— it shall order the defendant to pay— where paragraph (1)(b)(i) applies, at a settlement hearing at Stage 2 of the relevant Protocol; or where paragraph (1)(b)(ii) applies, at the settlement hearing under the Stage 3 procedure, the Stage 1 and 2 fixed costs; the Stage 3 Type A, B and C fixed costs; and disbursements allowed in accordance with Section IX of this Part. Where the court does not approve the settlement— it shall order the defendant to pay the Stage 1 and 2 fixed costs. at a settlement hearing at Stage 2 of the relevant Protocol; or at the settlement hearing under the Stage 3 procedure, Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at— where paragraph (1)(b)(i) applies, a second settlement hearing; or where paragraph (1)(b)(ii) applies, the Stage 3 hearing. At the second settlement hearing or Stage 3 hearing, as appropriate, the court shall order the defendant to pay— the Stage 3 Type A and C fixed costs for the first settlement hearing; disbursements allowed in accordance with Section IX of this Part; and the Stage 3 Type B fixed costs for one of the hearings. The court in its discretion may also order— the defendant to pay an additional amount of either or both the Stage 3— Type A fixed costs; Type B fixed costs; or the claimant to pay an amount equivalent to either or both of the Stage 3— Type A fixed costs; Type B fixed costs. Where paragraph (1)(b)(ii) applies and the settlement is not approved at the Stage 3 hearing the court shall order the defendant to pay the Stage 3 Type A fixed costs.

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Source: legislation.gov.uk · retrieved 2026-08-15