C1PART 45FIXED COSTS

Annotations:
Modifications etc. (not altering text)

F1IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMS

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Amendments (Textual)

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.