The Civil Procedure (Amendment No.3) Rules 2005

Amendment to the Civil Procedure Rules 1998

25.  After rule 21.11 insert—

“Expenses incurred by a litigation friend

21.11A— (1) In proceedings to which rule 21.11 applies, a litigation friend who incurs expenses on behalf of a child or patient in any proceedings is entitled 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) an insurance premium, as defined by rule 43.2(1)(m); or

(b) interest on a loan taken out to pay an insurance premium or other recoverable disbursement.

(3) No application may be made under this 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 patient; but

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

(Expenses which are also “costs” as defined in rule 43.2(1)(a) are dealt with under rule 48.5(2)).

(4) In deciding whether the expense was reasonably incurred and reasonable in amount, the court must have regard to all the circumstances of the case including the factors set out in rule 44.5(3).

(5) When the court is considering the factors to be taken into account in assessing the reasonableness of expenses incurred by the litigation friend on behalf of a child or patient, it will have regard to the facts and circumstances as they reasonably appeared to the litigation friend or child’s or patient’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 patient, the total amount the litigation friend may recover under paragraph (1) of this rule shall not exceed 25% of the sum so agreed or awarded, unless the Court directs otherwise. Such total amount shall not exceed 50% of the sum so agreed or awarded.”.