header-logo header-logo

17 February 2011 / Lisa Wright
Issue: 7453 / Categories: Features , Procedure & practice
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll