Background
On 9th February 2019, the claimant who was 11 years old at the time, was in the Defendant’s store when he was injured. He instructed solicitors through a Litigation Friend and a conditional fee agreement was entered into which provided for a deduction from damages if the action was successful. Those deductions included the payment of an ATE policy at a cost of £336.00.
The Issues
The matter subsequently settled for £1,750.00 but at the Infant Approval Hearing the Deputy District Judge refused to approve an order that the £336.00 ATE premium be deducted from the claimant’s damages.
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