Solicitor and own client costs in PI claims involving children and protected parties
Solicitor and own client costs in PI claims involving children and protected parties

The following Personal Injury guidance note provides comprehensive and up to date legal information covering:

  • Solicitor and own client costs in PI claims involving children and protected parties
  • Background
  • Costs where money is payable by or to a child or protected party
  • Costs and expenses incurred by a litigation friend

Background

As a result of the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the abolition of legal aid (except in limited circumstances) several issues arose in relation to costs payable by children and protected parties.

Pre-1 April 2013

Costs cannot be deducted from an award of damages for a child or protected party without permission of the court. This was not usually an issue prior to the implementation of LASPO 2012 as a successful claimant’s costs were recoverable from the defendant including success fees under Conditional Fee Agreements (CFA). Usually claimant’s solicitors would waive the right to any further costs. Where a CFA was entered into prior to 1 April 2013, any success fee will still be recoverable from the defendant.

Post 1 April 2013

With the implementation of LASPO 2012, ss 44(4) and 46(1), claimants could no longer recover success fees under a CFA, that was entered into on or after 1 April 2013, from the defendant (nor can they generally recover After the Event (ATE) insurance premiums).

See Practice Notes: Conditional fee agreements after 1 April 2013—personal injury and clinical negligence, ATE insurance premiums, CFAs, mesothelioma and clinical negligence claims—the Jackson reforms [Archived] and Damages-based agreements—personal injury and clinical negligence.

Issues arising from the implementation of LASPO

As a result of these changes,