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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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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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