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13 May 2010 / Lisa Wright
Issue: 7417 / Categories: Features , Child law , Personal injury
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Not so infantile

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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Forbes Solicitors—Stephen Barnfield

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NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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