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As a DDJ I consider it obscene that certain (not most) firms of solicitors are signing up litigation friends on CFAs with 25% of the child's damages to be paid to them in circumstances where there is no risk at all, e.g. child in rear seat hit by a car behind. Some of these firms put forward skeleton arguments running to pages and pages about costs. They overlook the fact that there is a potential conflict of interest between the child and the LF.. I usually approve the settlement and deal with the Defendant's liability for costs but order a detailed assessment of the costs claimed from the child.

I give directions as to that assessment (cribbed from another judge) that the solicitors must deal with matters such as the risk assessment and the conflict of interest.

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