[F1Application 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
F1Pt. 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
F2Rule 45.18(2)(c) substituted (1.4.2005) by The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 13