Need for a statement to support deduction from damages – CPR 21
Date: 13 April 2023
One of the changes to the CPR to come into effect from 6 April 2023 is to CPR 21 relating to the participation of children and protected parties in proceedings in the County Court. As well as a number of changes to modernise the rules by amalgamating them with the Practice Directions and making the provisions gender neutral, there have been changes in respect of the documents needed in support of an application for any deductions from damages. CPR 21.12(10) now states: A Litigation Friend must support a claim for payment from a fund of cost or expenses by filing a witness statement setting out, so as far as applicable –
a) The nature and amount of the costs or expenses and the reason they were incurred;
b) A copy of any conditional fee agreement or damages-based agreement;
c) A copy of any risk assessment by reference to which any success fee was determined;
d) The reasons why the particular funding model was selected;
e) The advice given to the Litigation Friend on funding arrangements;
f) A copy of the bill or informal breakdown of the solicitor and own client base costs incurred;
g) Details of any costs agreed, recovered or fixed costs recoverable by the child; And
h) And explanation of the amount agreed or awarded for
(i) general damages for pain suffering and loss of amenity and
(ii) damages for past financial loss net any sums recoverable by the Compensation Recovery Unit or Department of Work and Pensions.