In This Paper:
- The Historical Context
- The Current Regime Rules of Civil Procedure
- (a) Required Evidence
- (b) Legal Fees
- (c) Recent Judicial Comment on Contingency Fees in the Rule 7 Context
- (d) Use of Settlement Funds
- (e) The Children's Lawyer
- (f) Public Guardian and Trustee
- Practice Points
- Excerpt from Introduction:
This paper reviews the past and current approach to the settlements of claims on behalf of minors and mentally incapable people. In particular, it considers the evidence required to allow the Court to determine if the proposed settlement is in the best interests of the claimant; and the reasonableness of solicitor fees for services. It will suggest best practices for applications under Rule 7 of the Rules of Civil Procedure. While this paper is not a direct response to cases like Marcoccia v. Gill 2 or Lau v. Bloomfield, by necessity, several of the problems identified in these decisions will also be reviewed and discussed here.
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