Q&As

Does an infant approval hearing for a fast track personal injury claim attract the fixed costs for ‘hearing’ or is it as D has argued not a contested hearing and therefore not eligible for hearing costs? D has argued it is eligible for pre-allocation costs only as quantum was agreed at that stage. Is there any case law on this matter?

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Published by a LexisNexis PI & Clinical Negligence expert
Published on: 05 May 2021
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The rules for recovery of costs in Fast track Personal injury claims involving children, such that an infant Approval hearing is required, are expressly set out in CPR 45 (CPR, Section IIIA).

There are separate rules and fixed fees, for cases that settle at Stage 2 and Stage 3. These are set out in CPR 45.21 and 45.22 respectively.

The broad regime is that where approval is given by the court for the agreed settlement, the court will order the defendant to pay Stage

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Jurisdiction(s):
United Kingdom
Key definition:
Approval hearing definition
What does Approval hearing mean?

A hearing at which the court confirms that a settlement on behalf of a minor or protected party is adequate.

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