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The rules are simple, success fees apply to infant cases and are deductible fro Damages. The issue here is not just the stance taken by the judiciary but also the nature of those success fees and the Solicitor's duty to ensure that their child client is not taken advantage of. Yes, the child has a litigation friend but how much do they really care?

I appreciate that some claims involving minors can be reasonably complex, however, the vast majority of cases involving minors are where the minor is a passenger in a vehicle that has been involved in an accident with another vehicle. So long as both vehicles are insured, where exactly is the risk? This is one of the questions the Judges should be asking when faced with an order to deduct a success fee from a child claimant.