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Court: High
Topic: Court funds
Category: Civil

HC19 - Lodgment of minor funds

Moneys due to minor plaintiffs

Solicitors are reminded of their duty to ensure that no loss will accrue to a minor through any unreasonable delay in dealing with orders of the court as to lodgment of infants moneys in court.

As soon as the relevant court order is perfected the solicitor concerned should immediately bespeak same and attend the accountant with an attested copy of the schedule to the order so that no undue delay will occur in complying with the directions of the court.

It is to be understood that in the absence of a satisfactory explanation for such delay the court may have to consider the question of recoupment of the minor's loss by the person responsible. Normally, a delay of more than seven weeks from the perfection of the order would be regarded as unreasonable.

If a minor's case is settled between solicitors subject to the approval of the court, and the minor plaintiff's solicitor fails to apply for such approval within a period of three months from the date of such settlement, defendant's solicitor shall then be at liberty to have the case listed for mention in the appropriate court. Again, in the absence of a satisfactory explanation the court may have to consider the question of recoupment of the minor's loss by the person responsible.