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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 liability settlement and the matter will be listed for a

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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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