New rules on the application of the Jackson civil litigation reforms to claims on behalf of infants are likely to be published at the turn of the year.
Since April 2013 when the reforms came in to force, claimant lawyers have flagged up the trend of judges refusing to allow payments out of infant settlement damages for additional liabilities.
This has caused confusion and uncertainty for claimants and their representatives. It is probably fair to say that a lack of specific guidance has caused confusion for judges too.
The Law Society Gazette now report that clarification of the rules (and a possible rule amendment) should be published by January 2015, hopefully bringing some welcome consistency to the approach of the courts in such claims.
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