{
  "url": "https://openlegislation.uk/civil-procedure-amendment-no-8-rules-2014/article-5",
  "json_url": "https://openlegislation.uk/civil-procedure-amendment-no-8-rules-2014/article-5.json",
  "legislation": "uksi/2014/3299",
  "legislation_title": "The Civil Procedure (Amendment No. 8) Rules 2014",
  "legislation_url": "https://openlegislation.uk/civil-procedure-amendment-no-8-rules-2014",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "In rule 21.12—\n(a) in paragraph (1)—\n(i) at the beginning, for “In” substitute “Subject to paragraph (1A), in”; and\n(ii) after “incurs”, insert “costs or”;\n(b) after paragraph (1), insert—\n“(1A) Costs recoverable under this rule are limited to—\n(a) costs incurred by or on behalf of a child and which have been assessed by way of detailed assessment pursuant to rule 46.4(2); or\n(b) costs incurred by or on behalf of a child by way of success fee under a conditional fee agreement or sum payable under a damages based agreement in a claim for damages for personal injury where the damages agreed or ordered to be paid do not exceed £25,000, where such costs have been assessed summarily pursuant to rule 46.4(5). ”;\n(c) in paragraph (3)—\n(i) in the first line, for “the” substitute “this”;\n(ii) before “expenses”, insert “costs or”; and\n(iii) for the words in parentheses after the paragraph, substitute—\n“(Costs and expenses which are also “costs” as defined in rule 44.1(1) are subject to rule 46.4(2) and (3).)”;\n(d) in paragraph (4)—\n(i) before “expenses”, insert “costs or”; and\n(ii) after “rule 44.4(3)” insert “and rule 46.9”;\n(e) in paragraph (5)—\n(i) before “expenses”, insert “costs or”; and\n(ii) before “expense”, insert “cost or”;\n(f) in paragraph (6), at the beginning, for “Where” substitute “Subject to paragraph (7), where”; and\n(g) after paragraph (6), insert—\n“(7) The amount which the litigation friend may recover under paragraph (1) in respect of costs must not (in proceedings at first instance) exceed 25% of the amount of the sum agreed or awarded in respect of—\n(a) general damages for pain, suffering and loss of amenity; and\n(b) damages for pecuniary loss other than future pecuniary loss,\nnet of any sums recoverable by the Compensation Recovery Unit of the Department for Work and Pensions.\n(8) Except in a case in which the costs payable to a child or protected party are fixed by these rules, no application may be made under this rule for a payment out of the money recovered by the child or protected party until the costs payable to the child or protected party have been assessed or agreed.”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 5(b) substituted (5.4.2015) by The Civil Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/670), rules 2(1), 11"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 5 in force at 6.4.2015, see rule 2(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/3299/article/5",
    "retrieved_at": "2026-10-28T23:53:41.072099+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}