[F1Alternative percentage increaseE+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.]
Textual Amendments
F1Pt. 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