DOES COSTS BUDGETING APPLY TO A FATAL ACCIDENT CLAIM WHERE A CHILD IS A DEPENDANT? SOME MORE DETAIL

Civil Litigation Brief

Over the weekend I heard two speakers on costs budgeting mention my view that costs budgeting may not now apply to fatal accident claims where children are dependants.  Given the potential significance of this, it is worth expanding my concerns.

THE NEW RULE

The new rules came into force on the 6th April 2016.

EXEMPTION FOR CHILDREN FROM COSTS BUDGETING

 5. In rule 3.12(1), for subparagraph (c), substitute—
“(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders);
or (d) where the proceeding are the subject of fixed costs or scale costs; or
(e) the court otherwise orders.”

WHAT IS MEANT BY “ON BEHALF OF”?

Identifying an action “made” by a child is not…

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