The court approving a compromise in favour of a disabled plaintiff has jurisdiction to order payment of Griffiths v Kerkemeyer damages to the provider of gratuitous services, even where the application is made by the plaintiff through the litigation guardian rather than by the Public Trustee. The overriding criterion is whether the payment will benefit the plaintiff. The views of the litigation guardian are relevant and admissible, and the court should receive evidence from the litigation guardian even if a parent. Applications for court approval of compromises involving persons under disability are not mere formalities and require proper material including counsel's opinion and detailed submissions on the heads of damage.
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