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County court, Does a litigation friend pay costs if loose case

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  • County court, Does a litigation friend pay costs if loose case

    Hi all

    i am in the middle of a personal injury claim where it is going to court, we have had the form back for the hearing and it states my name as litigation friend for a minor who is the claiming party.
    the question is if the case is lost at court and costs will be made, will i as the litigation friend be liable for any costs ?? I am little bit worried about the this TBH

    I would hate to end up with a CCJ for trying to help

    Lee
    Tags: None

  • #2
    Re: County court, Does a litigation friend pay costs if loose case

    Originally posted by grant1987 View Post
    Hi all

    i am in the middle of a personal injury claim where it is going to court, we have had the form back for the hearing and it states my name as litigation friend for a minor who is the claiming party.
    the question is if the case is lost at court and costs will be made, will i as the litigation friend be liable for any costs ?? I am little bit worried about the this TBH

    I would hate to end up with a CCJ for trying to help

    Lee
    Small Claims Court?

    Comment


    • #3
      Re: County court, Does a litigation friend pay costs if loose case

      Not normally, unless the litigation friend has somehow been negligent and not conducted the matter properly.Is there any ATE insurance?The claimant themselves may become liable. There is no restriction on the court from making a costs order against a minor.You can, in fact, recover your costs reasonably incurred on behalf of the child assuming you win.

      Comment


      • #4
        Re: County court, Does a litigation friend pay costs if loose case

        My understanding is that 3 criteria must be met
        1. Litigation Friend gives an undertaking as to costs
        2. Must be no conflict of interests
        3. Must be competent to conduct proceedings

        Comment


        • #5
          Re: County court, Does a litigation friend pay costs if loose case

          Originally posted by grant1987 View Post
          Hi all

          i am in the middle of a personal injury claim where it is going to court, we have had the form back for the hearing and it states my name as litigation friend for a minor who is the claiming party.
          the question is if the case is lost at court and costs will be made, will i as the litigation friend be liable for any costs ?? I am little bit worried about the this TBH

          I would hate to end up with a CCJ for trying to help
          To clarify, a costs order is not the same as a CCJ. Although both are orders from the court that have to be paid and can be enforced in similar ways, costs orders are not recorded on the CCJ registry nor do they appear on credit files because they do not arise from borrowing money.

          Comment

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