Navigating Infant Approval Hearings: Approval, Deductions & Avoiding Common Pitfalls

Introduction

Under CPR 21.10, any settlement or payment of a child’s claim requires court approval. The court must be satisfied that the settlement is in the child’s best interests, that the damages are properly protected and that any deductions are justified.

Since April 2023, CPR Part 21 has included revised provisions under CPR 21.12 governing the recovery of litigation friend costs and expenses from a child’s damages, including CFA success fees and ATE premiums. Courts are increasingly scrutinising these deductions.

This webinar will explore the key practical and evidential considerations involved in preparing effective approval applications and hearings, with a focus on helping practitioners approach the process confidently and avoid common pitfalls.

What You Will Learn

This webinar will cover the following:

• Applying the CPR framework to approval applications
• Understanding the litigation friend’s role and responsibilities
• Preparing a compliant approval bundle under CPR 21.10(3)
• Assessing quantum in children’s claims
• Justifying deductions under CPR 21.12
• Responding effectively to judicial scrutiny and concerns
• Protecting and managing the child’s damages
• Securing anonymity orders where appropriate
• Drafting and filing applications and proposed orders
• Avoiding common procedural and evidential pitfalls
• Exploring practical scenarios through case studies