Lisa Wright provides a timely reminder about the pitfalls of infant settlements
Approval of infant settlements, for the majority of legal practitioners, is where a career at the Bar or experience in solicitors’ firms starts. The issues that arise within infant settlement are limited and in most cases do not involve complex issues of law or fact. Accordingly, the progression of such cases is relatively straightforward providing valuable experience of the requisite elements of pre and post-litigation, for trainee solicitors or paralegals, and court experience for barristers.
Infant settlements are in effect non-contentious litigation; there was an accident, liability was admitted, quantum was agreed and a hearing is listed. Provided that the relevant documentation is in place, the litigation friend attends the hearing with the child (this is not always a guarantee) and the birth certificate, it’s a smooth process.
Difficulties arise when a change in circumstances takes the legal practitioner into uncharted territory. I’m not referring to the wrong litigation friend attending—this can be remedied by applying to substitute the litigation friend,
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