Paragraph 45.18 Application for an alternative percentage increase where the fixed increase is 12.5%

(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

(c)

the parties agree damages of £500,000 or less and it is reasonable to expect that, but for any finding of contributory negligence, the court would have awarded damages greater than £500,000.

(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.