Jurisdiction(s):
United Kingdom

Key definition

Protected party definition

What does Protected party mean? A protected party is a litigant who lacks the mental capacity to conduct court proceedings and therefore acts through a representative (a litigation friend or guardian ad litem), with additional procedural safeguards. In England and Wales, the term is defined in CPR 21.1(2)(d) by reference to the Mental Capacity Act 2005: a party or intended party who lacks capacity to conduct the proceedings. A protected party must have a litigation friend; steps such as service, settlement, discontinuance and payment out are governed by Part 21 and often require court approval. In Scotland, the label is not used; the equivalent concept is an...

Court approval of settlements for protected parties: CPR procedure, required documents, EXB confidentiality and costs (England and Wales)

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Practice notes

When court approval is required

Any settlement, compromise, or payment made in a claim for a Protected party has no binding effect until it is sanctioned by the court, and until then it cannot be treated as final. A compromise concerning a protected party requires approval because:

the court must be satisfied the deal is fair, providing a safeguard against errors by legal advisers or undue pressure to accept an undervalued, hurried settlement that does not reflect the claim’s true worth
a court-approved compromise also protects the defendant by ensuring a full and proper discharge from the claim
the court oversees the protection and management of the funds, ensuring they are properly looked after, including appropriate investment on the protected party’s behalf

For detailed guidance, see Practice Note: Claims involving a mentally incapacitated claimant—investment of Damages.

In a matter where a claimant suffered a very severe brain injury in a road traffic accident and the damages claim was settled by a Compromise agreement, either party was entitled to withdraw from that agreement prior to the court’s approval...

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Web page updated on 21/05/2026

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