C1PART 45FIXED COSTS

Annotations:
Modifications etc. (not altering text)

F1III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMS

Annotations:
Amendments (Textual)

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.