Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors?

In Marcoccia v. Gill the solicitors sought approval of a partial settlement which included payment of the 15 per cent plus party and party costs to the solicitors. The proposed payment of fees was not approved. At para. 39, Wilkins J. stated as follows: . . . the litigation guardian . . . might be prepared to make agreements with respect to contingency fees or other payments of fees to the solicitor, but, in my view, the scope of rule 7.08 is such that none of those agreements has any force and effect in the absence of approval by a judge and there is no obligation on the judge to award the solicitor fees and disbursements in [page48 ]accordance with any such agreement, unless that judge might be satisfied, having regard to the total circumstances of the settlement, that such additional fees and disbursements are correct and justified.