C1PART 45FIXED COSTS
F1IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMS
Pt. 45 Section 4 inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rule 1(b), Sch. Pt. 2
Alternative percentage increase45.22
1
In the cases to which this Section applies, rule 45.18(2)-(4) applies where—
a
the percentage increase of solicitors' fees to be allowed in accordance with rule 45.21 is 25% or 27.5%; or
b
the percentage increase of counsel’s fees to be allowed is 25%.
2
Where the percentage increase of fees is assessed by the court under rule 45.18(4) as applied by paragraph (1) above—
a
if the percentage increase is assessed as greater than 40% or less than 15%, the percentage increase to be allowed shall be that assessed by the court; and
b
if the percentage increase is assessed as no greater than 40% and no less than 15%—
i
the percentage increase to be allowed shall be 25% or 27.5% (as the case may be); and
ii
the costs of the application and assessment shall be paid by the applicant.
Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21