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17 February 2011 / Lisa Wright
Issue: 7453 / Categories: Features , Procedure & practice
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Settling infant costs

In the first of two articles, Lisa Wright reports on the costs dilemmas in infant approvals

CPR Pt 21 applies to all types of claims, not merely road traffic accidents or personal injury cases. It is clear from the commentary that accompanies CPR 21.10 that a settlement, compromise or payment is not confined to cases where the infant is a claimant but equally applies where the infant is a defendant.

The litigation procedure can take many different paths which in turn affects the issue of costs. If liability and quantum is disputed, any approval will follow a successful result at trial. Proceedings will be issued pursuant to Pt 7 and costs are likely to be summarily assessed following the conclusion of the trial and infant approval hearing. Where liability has been agreed on a split liability basis but quantum remains an issue, as per Simon Brown LJ in Drinkall v Whitwood [2003] All ER (D) 76 (Nov), proceedings will be issued pursuant to Pt 7 for the court’s approval to be obtained for the split

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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