Q&As

Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not subject to fee exemption?

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Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors
Published on LexisPSL on 09/11/2017

The following PI & Clinical Negligence Q&A Produced in partnership with Rankeshwar Batta of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:

  • Can a legally aided birth injury infant claimant make an application for fee exemption at the outset of the claim? Are legally aided clients not subject to fee exemption?

The current position is that a legally aided litigant is not entitled to fee remission for the purposes of the issue fee for court proceedings. The relevant extract of the governing regulations is Civil Proceedings Fees Order 2008, SI 2008/1053:

‘SCHEDULE 2

1.— Interpretation

(1) In this Schedule—

“child” means a person—

(a) whose main residence is with a party and who is aged—

(i) under 16 years; or

(ii) 16 to 19 years; and is—

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