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Hard to find solicitor for child pillion claim

I had an accident a week ago. I was carrying my 16 year old son on the back when a car pulled out of a side road without looking. Fortunately I swerved out of the way and there was nothing coming in the opposite direction. But I did hit the ground and we were both slightly injured. My son sprained his wrist and hurt his shoulder. I have found a solicitor to represent me but no-one will take my son’s case on. Why is this?

James Matthews, by e-mail



Acting for children in personal injury claims that involve minor injuries has become pretty much economically unviable in most cases because of the low fixed fees that these cases attract and because the court insists on “an infant settlement approval hearing” further reducing any fees a law firm could hope to make.

This is made worse as courts have been going against the costs rules by refusing to make a success fee payable by a child despite there being no such exclusion in the rules.

The net result is children involved in road traffic accidents who are not badly injured are finding it very hard to find a solicitor to take on the case and as such access to justice has been hampered.

In your son’s case he could wait until he is 18 then he will be more likely to be able to find legal representation.



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