Costs orders—children, protected parties and litigation friends
Costs orders—children, protected parties and litigation friends

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Costs orders—children, protected parties and litigation friends
  • Definitions (child, protected person, litigation friend)
  • Must a child or protected person have a litigation friend?
  • Can a child or protected party be ordered to pay costs?
  • Is a claimant’s litigation friend liable for costs?
  • Requirement for an undertaking as to costs
  • Costs order is made against an unsuccessful claimant
  • No costs order against an unsuccessful claimant
  • Is a defendant’s litigation friend liable for costs?
  • No requirement for an undertaking
  • More...

This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or protected party will have been represented by a litigation friend and the Practice Note therefore considers the liability of a litigation friend for costs and their ability to recover costs incurred. Specific rules apply in these cases because a child and a protected person are considered to be lacking in capacity for the purposes of court proceedings.

For guidance on the appointment of a litigation friend, see Practice Note: Claims involving a child—appointment of a litigation friend.

This Practice Note refers to the Court of Appeal decision in Barker v Confiance Ltd [2020] EWCA Civ 1112. This is referred to in other sources as Glover v Barker.

Definitions (child, protected person, litigation friend)

This Practice Note refers to the following terms:

  1. child—means a person under 18 (CPR 21.1(2))

  2. protected person—means a party, or an intended party, who lacks capacity to conduct the proceedings (CPR 21.1(2))

  3. protected beneficiary—means a protected party who lacks capacity to manage and control any money recovered by them or on their behalf or for their benefit in the proceedings

  4. litigation friend—this term was introduced by the CPR but there is no specific definition in the CPR. A litigation friend is appointed to look after the interests for the child

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