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United Kingdom
approval of settlementsundue influenceprotected parties
He referred to dicta from OH v Craven
[2016] EWHC 3146 (QB); [2017] 4 WLR 25
Key Principle
Where, on approval of a personal injury settlement for a child or protected party, substantial damages are to be paid into a personal injury trust whose trustee is connected with the claimant's litigation firm, the presumption of undue influence arising from the solicitor-client relationship (an Etridge situation) is engaged, and the claimant or litigation friend must have the opportunity to obtain independent advice.
Area of Law
General
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