{
  "url": "https://openlegislation.uk/civil-procedure-amendment-rules-2004/schedule-1/paragraph-45.18",
  "json_url": "https://openlegislation.uk/civil-procedure-amendment-rules-2004/schedule-1/paragraph-45.18.json",
  "legislation": "uksi/2004/1306",
  "legislation_title": "The Civil Procedure (Amendment) Rules 2004",
  "legislation_url": "https://openlegislation.uk/civil-procedure-amendment-rules-2004",
  "path": "schedule/1/paragraph/45.18",
  "kind": "paragraph",
  "number": "45.18",
  "heading": "Application for an alternative percentage increase where the fixed increase is 12.5%",
  "text": "(1) This rule applies where the percentage increase to be allowed—\n(a) in relation to solicitors' fees under the provisions of rule 45.16; or\n(b) in relation to counsel’s fees under rule 45.17,\nis 12.5%.\n(2) A party may apply for a percentage increase greater or less than that amount if—\n(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\n(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\n(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.\n(3) In paragraph (2), a reference to a lump sum of damages includes a reference to periodical payments of equivalent value.\n(4) If the court is satisfied that the circumstances set out in paragraph (2) apply it must—\n(a) assess the percentage increase; or\n(b) make an order for the percentage increase to be assessed.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1306/schedule/1/paragraph/45.18",
    "retrieved_at": "2026-10-29T05:25:08.530401+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}