Q&As

Does a litigation friend’s witness statement in support of an application for court approval need to include details about the level of success fee being deducted from the claimant’s damages?

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Produced in partnership with David Peters
Published on: 08 September 2016
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The witness statement must contain details of the success fee and include details of the six matters specified in CPR PD 21 para 11.3. In addition, in order for the success fee to be recoverable at the settlement hearing, as opposed to following detailed assessment, the claim in question must be for no more than £25,000 and the only cost or expenses the litigation friend seeks to recover is a success fee. If these requirements are met, the court may summarily assess the success fee.

The general rule: costs in protected party claims only recoverable after assessment or agreement

Recoverability of success fees in infant settlement cases is an exception to the general rule in respect of claims by parties who lack capacity, which is that that the court must order a detailed assessment (CPR 46.4(2)(a)).

A witness statement including details of success fee is a precondition to recovery

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Key definition:
Litigation friend definition
What does Litigation friend mean?

A person who acts on behalf of a minor or protected party during legal proceedings.

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