The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 45 E+W FIXED COSTS

Modifications etc. (not altering text)

C1 Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

[F1 IV – FIXED PERCENTAGE INCREASE IN EMPLOYERS LIABILITY CLAIMS E+W

Textual Amendments

F1 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 increase E+W

45.22.— (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.]