Amendments to the Civil Procedure Rules 199816

1

In rule 48.8—

a

for paragraph (1), substitute—

1

This rule applies to every assessment of a solicitor’s bill to his client except a bill which is to be paid out of the Community Legal Service Fund under the Legal Aid Act 19888 or the Access to Justice Act 19999.

b

after paragraph (2), insert—

3

Where the court is considering a percentage increase, whether on the application of the legal representative under rule 44.16 or on the application of the client, the court will have regard to all the relevant factors as they reasonably appeared to the solicitor or counsel when the conditional fee agreement was entered into or varied.

4

In paragraph (3), “conditional fee agreement” means an agreement enforceable under section 58 of the Courts and Legal Services Act 199010 at the date on which that agreement was entered into or varied.

2

Omit rule 48.9.