5. In rule 21.12—
(a)in paragraph (1)—
(i)at the beginning, for “In” substitute “Subject to paragraph (1A), in”; and
(ii)after “incurs”, insert “costs or”;
(b)after paragraph (1), insert—
“(1A) Costs recoverable under this rule are limited to costs incurred by or on behalf of a child by way of success fee under a conditional fee agreement or sum payable under a damages-based agreement in a claim for damages for personal injury where the damages agreed or ordered to be paid do not exceed £25,000.”;
(c)in paragraph (3)—
(i)in the first line, for “the” substitute “this”;
(ii)before “expenses”, insert “costs or”; and
(iii)for the words in parentheses after the paragraph, substitute—
“(Costs and expenses which are also “costs” as defined in rule 44.1(1) are subject to rule 46.4(2) and (3).)”;
(d)in paragraph (4)—
(i)before “expenses”, insert “costs or”; and
(ii)after “rule 44.4(3)” insert “and rule 46.9”;
(e)in paragraph (5)—
(i)before “expenses”, insert “costs or”; and
(ii)before “expense”, insert “cost or”;
(f)in paragraph (6), at the beginning, for “Where” substitute “Subject to paragraph (7), where”; and
(g)after paragraph (6), insert—
“(7) The amount which the litigation friend may recover under paragraph (1) in respect of costs must not (in proceedings at first instance) exceed 25% of the amount of the sum agreed or awarded in respect of—
(a)general damages for pain, suffering and loss of amenity; and
(b)damages for pecuniary loss other than future pecuniary loss,
net of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions.
(8) Except in a case in which the costs payable to a child or protected party are fixed by these rules, no application may be made under this rule for a payment out of the money recovered by the child or protected party until the costs payable to the child or protected party have been assessed or agreed.”.