[F1PART 21E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

Modifications etc. (not altering text)

Expenses incurred by a litigation friendE+W

21.12.—(1) In proceedings to which rule 21.11 applies, a litigation friend who incurs expenses on behalf of a child or protected party in any proceedings is entitled on application to recover the amount paid or payable out of any money recovered or paid into court to the extent that it—

(a)has been reasonably incurred; and

(b)is reasonable in amount.

(2) Expenses may include all or part of—

(a)[F2a premium in respect of a costs insurance policy (as defined by section 58C(5) of the Courts and Legal Services Act 1990)]; or

(b)interest on a loan taken out to pay [F3a premium in respect of a costs insurance policy] or other recoverable disbursement.

(3) No application may be made under the rule for expenses that —

(a)are of a type that may be recoverable on an assessment of costs payable by or out of money belonging to a child or protected party; but

(b)are disallowed in whole or in part on such an assessment.

(Expenses which are also ‘costs’ as defined in rule [F444.1(1)(a)] are dealt with under rule [F546.4(2)].)

(4) In deciding whether the expenses were reasonably incurred and reasonable in amount, the court will have regard to all the circumstances of the case including the factors set out in rule [F644.4(3)].

(5) When the court is considering the factors to be taken into account in assessing the reasonableness of the expenses, it will have regard to the facts and circumstances as they reasonably appeared to the litigation friend or to the child’s or protected party’s legal representative when the expense was incurred.

(6) Where the claim is settled or compromised, or judgment is given, on terms that an amount not exceeding £5,000 is paid to the child or protected party, the total amount the litigation friend may recover under paragraph (1) must not exceed 25% of the sum so agreed or awarded, unless the court directs otherwise. Such total amount must not exceed 50% of the sum so agreed or awarded.]

Textual Amendments