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Applications to deduct 
from a child’s damages

District Judge Nigel Law advises solicitors attending on these applications to comply with the relevant rules and practice directions

24 May 2016

District Judge Marshall Phillips wrote an article only a few months ago (SJ 160/8) setting out the approach of district judges at an infant approval hearing of an application to deduct from the child's damages an amount representing additional liabilities payable under the conditional fee agreement (CFA) entered into by the solicitors and the litigation friend of the injured child.

Readers must refer to the relevant rules: the Civil Procedure Rules (CPR), the Civil Procedure (Amendment No 2) Rules 2015, and Practice Direction (PD) 21.11.1.

While the approaches of individual district judges may differ, this article aims to assist solicitors attending on these applications by suggesting that, to comply with the rules and PD, they are likely to be expected to have followed what is essentially a three-stage process.

Informed consent

All district judges are likely to want to be satisfied there has been informed consent to the agreement...

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