Jurisdiction(s):
United Kingdom

Protected parties and CFA success fees: Senior Courts Costs Office clarifies CPR 21 approval, deputy authority and proportionate, risk-based uplifts (England and Wales)

Published on: 24 February 2025

Published by a LexisNexis PI & Clinical Negligence expert

Legal News

Article summary

AKS (a protected party) v National Farmers Union Mutual Insurance Society Ltd) [2025] Lexis Citation 46

What are the practical implications of this case?

At its simplest, the judgment underscores the stringent, precisely drafted CPR provisions that regulate settlements involving protected parties, together with the mandatory formalities required before any compromise will validly bind a protected party. This is a point to be borne in mind by solicitors acting for protected parties, litigation friends and Court of Protection deputies alike. The ruling is also pertinent to those representing protected parties under conditional fee agreements and, more broadly, to the courts’ developing approach to success fees. It directs practitioners to give close attention to the appraisal of risk, to articulate a clear justification supported by evidence for any assessed risk, and to consider, where appropriate, early notification and frank discussion of success fees with clients, including litigation friends in protected party cases.

What was the background?

The claimant, AKS, qualified as a protected party under CPR 21.1(2)(d). Solicitors instructed for AKS obtained damages totalling £3.7m. There was a costs order for the defendant to...

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