Infant's funds in court - Undertakings
The Litigation Committee is of the opinion that a solicitor should never give an undertaking in respect of or in anticipation of the release of funds from Court upon an injured infant plaintiff attaining the age of 18.
The procedure for obtaining the release from Court of funds upon the attainment of majority has been greatly simplified in recent times. Court Orders now generally provide that a person, upon attaining the age of 18, may apply directly for the release of the funds to which he/she is entitled. Thus a solicitor who had given an undertaking in relation to funds which were due to be released from Court upon the attainment of the client's majority could find that the client had secured the direct release of the funds in question without the assistance of or reference to the solicitor.