The Civil Procedure Rules 1998

[F1Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increaseE+W

44.16  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,

[F2the 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 payable[F3. Regulation 5(2)(b) of the Collective Conditional Fee Agreements Regulations 2000 makes similar provision in relation to collective conditional fee agreements]) ]

Textual Amendments