Big Changes to CPR 21

As of today, there have been major changes to CPR as detailed in the Civil Procedure (Amendment) Rules 2023:

Whilst the majority of the changes are to modernise the rules by amalgamating them with the Practice Directions (There is no longer a Practice Direction to CPR 21) and making the provisions gender-neutral, there have been changes in respect of the documents needed in support for an application for a deduction. The rule now contained within CPR 21.12(10) stipulates:

(10) A litigation friend must support a claim for payment from a fund of costs or expenses by filing a witness statement setting out, so far as applicable—

(a) the nature and amount of the costs or expenses and the reason they were incurred;
(b) a copy of any conditional fee or damages based agreement;
(c) a copy of any risk assessment by reference to which any success fee was determined;
(d) the reasons why the particular funding model was selected;
(e) the advice given to the litigation friend on funding arrangements;
(f) a copy bill or informal breakdown of the solicitor and own client base costs incurred;
(g) details of any costs agreed, recovered or fixed costs recoverable by the child; and
(h) an explanation of the amount agreed or awarded for—

(i) general damages for pain, suffering and loss of amenity; and
(ii) damages for past financial loss, net of any sums recoverable by the Compensation Recovery Unit or the Department for Work and Pensions.

It is very important to note the above provision is complied with in the event that a firm is seeking deductions from the damages in approval hearings for Children and Protected Parties.

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