The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 45 E+W FIXED COSTS

Modifications etc. (not altering text)

C1 Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

[F1 III—FIXED PERCENTAGE INCREASE IN ROAD TRAFFIC ACCIDENT CLAIMS E+W

Textual Amendments

F1 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

Application for an alternative percentage increase where the fixed increase is 12.5% E+W

45.18.— (1) This rule applies where the percentage increase to be allowed—

(a) in relation to solicitors' fees under the provisions of rule 45.16; or

(b) in relation to counsel’s fees under rule 45.17,

is 12.5%.

(2) A party may apply for a percentage increase greater or less than that amount if—

(a) the parties agree damages of an amount greater than £500,000 or the court awards damages of an amount greater than £500,000; or

(b) the court awards damages of £500,000 or less but would have awarded damages greater than £500,000 if it had not made a finding of contributory negligence; or

[F2 (c) the parties agree damages of £500,000 or less and it is reasonable to expect that if the court had made an award of damages, it would have awarded damages greater than £500,000, disregarding any reduction the court may have made in respect of contributory negligence.]

(3) In paragraph (2), a reference to a lump sum of damages includes a reference to periodical payments of equivalent value.

(4) If the court is satisfied that the circumstances set out in paragraph (2) apply it must—

(a) assess the percentage increase; or

(b) make an order for the percentage increase to be assessed.]

Textual Amendments

F2 Rule 45.18(2)(c) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 13