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CPR 48.5 (2)(a) provides that where money is to be paid by a child, the Court must order a detailed assessment of the costs payable by or out of money belonging to any party who is a child or protected party. ​There is an exception in CPR 48 PD paragraph 51.1 in that a detailed assessment need not be ordered where there is no need to do so to protect the interests of the child or protected party or his estate. Prior to the change of the rules in April 2013, this was always achieved by the solicitors for the child agreeing to waive any costs not recovered from the Defendants. Now that success fees cannot be recovered from Defendants, this would involve waiving the success fee altogether. The practical effect is to make it virtually impossible to agree a success fee payable out of the damages where the Claimant is a child or protected party. A change in the rules would be required.