What is an infant Approval Hearing?
An infant approval hearing is an important part of the process where a child under 18 is involved in a dispute. The claim may arise because they have suffered an injury or are a beneficiary under a disputed Will for example. The court hearing is intended to ensure that any settlements agreed upon are in the child’s best interest and the claim is not under-settled or under-compensated. Any settlement involving a child has to be agreed upon between the representing parties and approved in court by a Judge.
The hearing is also important for the Defendant as they want to know that any deal is final and would not allow the child to return when they turn 18 seeking more money.
What is the process?
Infant approval hearings are usually dealt with by the County Court, some cases can be sent to the High Court depending on their complexity. There will be a presentation from both parties giving details of the case and the proposed settlement. The Judge will review the documents submitted and both parties’ evidence, plus the details of the settlement to ensure it is fair and reasonable. The Judge will consider the opinions of both parties' barristers and consider factors such as the extent of the damage, and the future needs of the young person and ensure the compensation adequately covers these aspects. The Judge may ask questions, they will ultimately decide whether to approve the settlement.
Should the court find the settlement inadequate, they will not approve it. In this instance, the parties involved will need to try and renegotiate the settlement terms.
Approved settlement funds are then typically placed in a court-approved trust savings account managed by a trustee until the young person reaches 18 years old. This ensures the funds are used responsibly and, in the child’s, best interest. If a child needs access to the funds for medical treatment or for facilities to assist them this can be approved.
Is legal representation required for the infant approval process?
It is recommended in any case with a young person involved that both sides instruct solicitors and obtain advice from a barrister for the value of the child’s claim. This allows the instructing solicitors to commence negotiations and ensure the amount offered by the defendant’s representative is reasonable and accurate. By receiving legal advice early in the negotiations, you are more likely to reach an agreement that is approved by the court.
Once an agreement is in place the parties will file the necessary documents at the child’s local County Court. Usually, the court will order an in-person hearing for the settlement to be approved by the Judge.
Final thoughts
Infant approval hearings must be observed to ensure the settlement is fair, adequate, and in the child’s best interest. Should you fail to obtain legal advice before the hearing, the Judge will usually not be willing to approve the settlement. The parties will then be sent away and the case has to be relisted. Therefore, it is in your child’s best interest to seek legal advice early on.
Follow the process, gain legal advice and you will be in the best position for your child.
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