Enhancement
5.—(1) Upon a determination the relevant authority may allow fees at more than the prescribed rate subject to the provisions of this regulation where it appears to the relevant authority, taking into account all the relevant circumstances, that
(a)the work was done with exceptional competence, skill or expertise;
(b)the work was done with exceptional dispatch; or
(c)the case involved exceptional circumstances or complexity.
(2) Where the relevant authority considers that any item or class of work should be allowed at more than the prescribed rate, it shall apply to that item or class of work a percentage enhancement in accordance with the following provisions of this regulation.
(3) In determining the percentage by which fees should be enhanced above the prescribed rate the relevant authority shall have regard to:—
(a)the degree of responsibility accepted by the solicitor;
(b)the care, speed and economy with which the case was prepared;
(c)the novelty, weight and complexity of the case.
(4) Except in proceedings to which paragraph (5) applies, the percentage above the prescribed rate by which fees for work may be enhanced shall not exceed 100%.
(5) In proceedings in the High Court, the relevant authority may allow an enhancement exceeding 100% where it considers that, in comparison with work in other High Court proceedings which would merit 100% enhancement, the item or class of work relates to exceptionally complex matters which have been handled with exceptional competence or dispatch.
(6) In proceedings to which paragraph (5) applies, the percentage above the prescribed rate by which fees for work may be enhanced may exceed 100% but shall not exceed 200%.
(7) The relevant authority may have regard to the generality of proceedings to which these Regulations apply in determining what is exceptional within the meaning of this regulation.