Jurisdiction(s):
United Kingdom

Child claims: ATE premium recoverable from damages; presumed reasonable and proportionate under CPR 21.12/46.9; deductions may exceed 25% success fee cap (England and Wales)

Published on: 23 June 2022

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Litigation friend entitled to recover ATE premium from the child’s damages (X (by way of litigation friend) v H&M Hennes and another)

X (by way of litigation friend) v H&M Hennes and another [2022] Lexis Citation 102

What are the practical implications of this case?

It is hard to envisage many situations where moving away from the baseline of proportionality and reasonableness would be justified (save, perhaps, where BTE exists). Notably, the issue that His Honour Justice Lethem considered to be of general significance has yet to receive attention from a higher court. Although the judge did not expressly decide the point, allowing a 44% deduction from damages strongly implies there is no barrier to exceeding the 25% referenced in CPR 21.12(1A)(7), and that the court may “order otherwise” where recovery of an ATE premium is in issue. That debate may, however, be reserved for another occasion...

What was the background?

In X (by way of litigation friend) v H&M Hennes and another, the child claimant sustained injury at the defendants’ Bromley store. His mother, RH, then instructed solicitors to pursue the claim...

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