Modifications etc. (not altering text)
C1Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
Textual Amendments
F1Pt. 45 Section 5 inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rule 1(c), Sch. 1
45.26—(1) In cases to which this Section applies and subject to paragraph (2) below, rules 45.18(2) to (4) apply where the percentage increase is the amount allowed under rules 45.24 and 45.25.
(2) For the purposes of this section, the sum of £250,000 shall be substituted for the sum of £500,000 in rules 45.18(2)(a) to (c).
(3) Where the percentage increase of fees is assessed by the court under rule 45.18(4), as applied by paragraph 1 above, the percentage increase to be allowed shall be the amount shown in Table 8.
(4) The percentage increase cannot be varied where the case concludes at trial.
| Type of claim | Amount Allowed | |
|---|---|---|
| A | If the percentage increase is assessed as greater than 40% or less than 15%, the percentage increase that is assessed by the court. | If the percentage increase is assessed as no greater than 40% and no less than 15%– (i) 27.5%; and (ii) the costs of the application and assessment shall be paid by the applicant. |
| B | If the percentage increase is assessed as less than 75%, the percentage increase that is assessed by the court. | If the percentage increase is assessed as no less than 75%– (i) 100%; and (ii) the costs of the application and assessment shall be paid by the applicant. |
| C | If the percentage increase is assessed as greater than 75% or less than 50%, the percentage increase that is assessed by the court. | If the percentage increase is assessed as no greater than 75% and no less than 50%– (i) 62.5%; and (ii) the costs of the application and assessment shall be paid by the applicant.] |