Approval Motions Under Rule 7

Rule 7 Motions (Court Approval of Settlements)

Court approval of a settlement is obtained by way of a Motion or an Application, and will be necessary of the settlement involves a party under disability. For many lawyers, a Rule 7 motion signals the end of legal proceedings, and the end of a file. But for a client who was acting as litigation guardian on behalf of an injured loved one, a Rule 7 motion is often the harbinger of new legal proceedings for an Order appointing that client as guardian of property.

Rule 7 Motions require full and frank disclosure of the rationale behind a settlement. At the same time, litigation guardians and counsel must be mindful of protecting solicitor-client privilege. In addition, public authorities will want any Rule 7 Judgment to include the information required by their offices, and the wording of Rule 7 Judgments will form an important component of any guardianship proceedings that may follow a settlement.

Our firm routinely advises litigation guardians and their counsel on Rule 7 Motions, and the guardianship proceedings that may follow.

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation Partners.