- Litigation friend entitled to recover ATE premium from the child’s damages (X (by way of litigation friend) v H&M Hennes and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
PI & Clinical Negligence analysis: Since the abolition of additional liabilities as part of the Jackson reforms in 2013, there has been an increased focus on the entitlement of legal representatives to recover from their clients sums due by way of: (i) success fee; (ii) ATE and (iii) shortfall between the costs charged and costs recovered. So far as children and protected parties are concerned, that has resulted in a Practice Note as regards deductions from damages from the Senior Costs Judge. The refusal of some District Judges to allow expenses to litigation friends under CPR 21.12 was of sufficient concern to one firm of solicitors that they took the matter to appeal—an unusual but necessary step in circumstances in which the issue was, effectively, between the litigation friend and the judge, as opposed to between the parties. Written by Paul Hughes, barrister at Kings Chambers.
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