The Civil Procedure Rules 1998

[F1Scope and interpretationE+W

45.15.—(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.]

Textual Amendments