C1PART 45FIXED COSTS
F1III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMS
Pt. 45 Section 3 inserted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rule 1(a), Sch. 1 Pt. 2
Scope and interpretation45.15
1
This Section sets out the percentage increase which is to be allowed in the cases to which this Section applies.
(Rule 43.2(1)(l) defines `percentage increase' as the percentage by which the amount of a legal representative’s fee can be increased in accordance with a conditional fee agreement which provides for a success fee)
2
This Section applies where—
a
the dispute arises from a road traffic accident; and
b
the claimant has entered into a funding arrangement of a type specified in rule 43.2(k)(i).
(Rule 43.2(k)(i) defines a funding arrangement as including an arrangement where a person has entered into a conditional fee agreement or collective conditional fee agreement which provides for a success fee)
3
This Section does not apply if the proceedings are costs only proceedings to which Section II of this Part applies.
4
This Section does not apply—
a
to a claim which has been allocated to the small claims track;
b
to a claim not allocated to a track, but for which the small claims track is the normal track; or
c
where the road traffic accident which gave rise to the dispute occurred before 6th October 2003.
5
The definitions in rule 45.7(4) apply to this Section as they apply to Section II.
6
In this Section—
a
a reference to `fees' is a reference to fees for work done under a conditional fee agreement or collective conditional fee agreement;
b
a reference to `trial' is a reference to the final contested hearing or to the contested hearing of any issue ordered to be tried separately;
c
a reference to a claim concluding at trial is a reference to a claim concluding by settlement after the trial has commenced or by judgment; and
d
“trial period” means a period of time fixed by the court within which the trial is to take place and where the court fixes more than one such period in relation to a claim, means the most recent period to be fixed.
Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21