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A Litigation Friend (someone over the age of 18) must represent the child within their claim.  They will be responsible for acting in the child’s best interests but will also be responsible for costs as a result.

 

We cannot give an exact figure at this stage as there are a number of factors which can influence the costs such as the nature of the child’s claim, the severity of their injuries/the conduct of the other party and/or their Insurers and Solicitors/etc. 

 

We will update you as to the current costs incurred on the child’s case every 3-6 months. 

 

We have however set out below an estimate of our costs in dealing for a personal injury claim made by a child for an injury arising from a road traffic accident.  Court proceedings are always necessary within a child’s claim as they are a protected party and the Court therefore need to formally approve any settlement to ensure the child is receiving the correct amount of compensation for the injury they have suffered.

 

We do not deduct any amount from a child’s damages but you will be required to attend Court with the child for an Infant Approval Hearing.  Legal Representation will also arranged for you both.

 

Example

 

Success fee = 0% of damages we agree for the personal injury element of the child’s claim

 

Disbursements (costs payable to other organisations)

 

GP Medical Report = £216.00

Issue Fee = £365.00

Agent Fee for attending Infant Approval Hearing = £144.00

 

Our Costs

 

*25 hours of work at £189.00 per hour = £4,725.00

VAT @ 20% = £945.00

Total = £5,670.00

 

Total expected £6,395.00

 

*A personal injury claim made by a child typically needs 25 hours of the Lawyer’s time.  The number of hours depends on the circumstances of your case and the experience of the person doing the work.

 

Any claim which is made in respect of a child's personal injury claims may be subject to either Fixed Costs (if your accident occurred before 01 October 2023) or Fixed Recoverable Costs (if your accident occurred on or after 01 October 2023).  This is set out within Part 45 of the Civil Procedure Rules 1998 however, we have set out the tables regarding fixed costs here... 

 

If you lose…

If the claim does not succeed, you will not have to pay your opponent’s costs other than in the following exceptional circumstances:

 

• If you reject an offer to settle made by your opponent but subsequently at a hearing, the Court fails to award you more (in this case, your liability for your opponent’s costs will be no more than the amount of damages you receive);

• If any part of your claim is found to be fundamentally dishonest;

• You fail to provide us with some information which alters the prospects of achieving a successful outcome in your claim; or

• If your claim is struck out.

 

If you lose your case due to any of the reasons set out above then the opponent’s costs are payable you.