Changes to recoverability of costs in infant claims expected by January

The Civil Procedure Rule Committee has confirmed that the CPR update scheduled for December or January 2015 is likely to include amendments to the rules governing the recoverability of costs in infant claims.

Since the Jackson reforms abolished the recoverability of success fees and ATE premiums, it has become increasingly common in infant claims for requests to be made for any additional liabilities to be paid out of the settlement fund. However, judges tend to refuse these requests meaning that the infant claimant's litigation friend is then pursued for payment.

The Committee announced at its open meeting in May that amendments to the rules would be considered (see Legal update, Civil Procedure Rule Committee: 2014 open meeting: Detailed assessment of costs payable by a child or protected party). A source at the Ministry of Justice has confirmed that the Committee plans to review the draft rules in November or December and, if they are agreed, they will be included in the upcoming update.

Source: The Law Society Gazette: Infant claims costs clarification due by January (30 October 2014).