C1C2C3PART 44GENERAL RULES ABOUT COSTS
Pt. 44 applied (with modifications) (1.4.2001) by The Court of Protection Rules 2001 (S.I. 2001/824), rules 1, 86 (with rule 91)
Pt. 44 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
F1Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase44.16
Where—
a
the court disallows any amount of a legal representative’s percentage increase in summary or detailed assessment proceedings; and
b
the legal representative applies for an order that the disallowed amount should continue to be payable by his client,
F3the court may adjourn the hearing to allow the client to be—
- i
notified of the order sought; and
- ii
separately represented.
(Regulation 3(2)(b) of the Conditional Fee Agreements Regulations 2000 provides that a conditional fee agreement which provides for a success fee must state that any amount of a percentage increase disallowed on assessment ceases to be payable unless the court is satisfied that it should continue to be so payableF2. Regulation 5(2)(b) of the Collective Conditional Fee Agreements Regulations 2000 makes similar provision in relation to collective conditional fee agreements)
Pt. 44 applied in part (with modifications) (26.4.1999) by The Family Proceedings (Miscellaneous Amendments) Rules 1999 (S.I. 1999/1012), rules 1, 4(1)(2) (with rule 4(3))