Agreement with minor

Kerry Anne Drinkall (a minor suing by her mother and litigation friend) v Dean Harry Whitwood [2003] EWCA Civ 1547

The claimant, aged 14, suffered an injury as a result of colliding with a car driven by W on 19 January 1998 whilst riding her bicycle. Before proceedings were issued, a Part 36 offer to settle the issue of liability was made on behalf of the claimant on an 80:20 basis in her favour. The offer was accepted by the defendant’s insurer’s loss assessors. Twenty-two days short of the claimant reaching her 18th birthday, the defendant purported to withdraw from that settlement agreement with a view to contending for a higher degree of contributory negligence because the claimant had not been wearing a helmet. The claimant issued particulars of claim pleading that the exchange of letters constituted a binding agreement on the issue of liability, to which the defendant responded that as the claimant was a minor the parties were unable to enter into a binding settlement without the approval of the court.