SJ (a minor suing by his mother and Litigation Friend AJ) v DGJ Tanner t/a Sopley Farm

SJ (a minor suing by his mother and Litigation Friend AJ) v DGJ Tanner t/a Sopley Farm

The settlement sum is reasonable for the minor's injuries. The success fee deduction is capped at 25% of damages and, based on a reasonable assessment of base costs, the full £900.05 is deductible. The ATE premium of £336 is also a reasonable and deductible expense. The solicitor-client costs claimed were excessive and appeared artificially inflated, but even a reasonable assessment would exceed the cap, so the deduction is permitted. The Defendant is liable for the full medical report fee as claimed.

Parties
Claimant: SJ (a minor suing by his mother and Litigation Friend AJ); Defendant: DGJ Tanner t/a Sopley Farm
Jurisdiction
England and Wales
Judgment Date
24 April 2025
Procedural Posture
Personal Injury (infant Approval) / Judgment After Infant Approval Hearing
Outcome
Settlement approved with deductions for success fee and ATE premium; Defendant liable for full medical report fee.
Legal Topics
Personal Injury, Infant Settlement Approval, Conditional Fee Agreements, Solicitor Client Costs, ATE Insurance
Tort Civil Procedure Personal Injury Infant Settlement Approval Conditional Fee Agreements Solicitor Client Costs ATE Insurance

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Parties

SJ (a minor suing by his mother and Litigation Friend AJ)

Claimant

DGJ Tanner t/a Sopley Farm

Defendant

Procedural Posture

Personal Injury (infant Approval) / Judgment After Infant Approval Hearing

Legal Issues

  1. 1 Whether the proposed settlement for the minor is reasonable and in the minor's best interests
  2. 2 Whether the deductions for success fee and ATE insurance premium from the minor's damages are lawful and reasonable
  3. 3 Whether the solicitor-client costs claimed are reasonable and lawfully calculated

Ratio Decidendi

The settlement sum is reasonable for the minor's injuries. The success fee deduction is capped at 25% of damages and, based on a reasonable assessment of base costs, the full £900.05 is deductible. The ATE premium of £336 is also a reasonable and deductible expense. The solicitor-client costs claimed were excessive and appeared artificially inflated, but even a reasonable assessment would exceed the cap, so the deduction is permitted. The Defendant is liable for the full medical report fee as claimed.

Court Disposition

Settlement approved with deductions for success fee and ATE premium; Defendant liable for full medical report fee.

Orders

  • Settlement of £3,600.20 for the minor approved.
  • Deduction of £900.05 for success fee permitted.