# The Civil Procedure (Amendment) Rules 2004, 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.

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Source: https://www.legislation.gov.uk/uksi/2004/1306/schedule/1/paragraph/45.18 (the official version)
Page: https://openlegislation.uk/civil-procedure-amendment-rules-2004/schedule-1/paragraph-45.18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.