Regulation 5 Interpretation

(1)

In regulation 4(1), for “The amounts” there shall be substituted “Subject to paragraphs (3A) to (3D), the amounts”.

(2)

In regulation 4(3), for “The relevant authority” there shall be substituted “Subject to paragraphs (3A) to (3D), the relevant authority”.

(3)

After regulation 4(3), there shall be inserted:

“(3A)

Paragraphs (3B) to (3D) apply where proceedings are allocated to the fast track, and in those paragraphs “advocate’s costs” means the costs of an advocate for preparing for the trial and, if the claim proceeds to trial, for appearing at the trial, and “fixed fast track trial costs” means the amount of fast track trial costs which could be awarded under CPR rule 46.2(1) in respect of a claim.

(3B)

Where, but for this paragraph, the amount to be allowed in respect of advocate’s costs would have exceeded the fixed fast track trial costs, the amount to be allowed in respect of advocate’s costs shall be equal to the fixed fast track trial costs.

(3C)

Where, but for this paragraph, the amount to be allowed in respect of the costs of a legal representative’s attendance at the trial to assist the advocate would have exceeded the amount prescribed by CPR rule 46.3(2), the amount to be allowed in respect of those costs shall be equal to the amount prescribed by CPR rule 46.3(2).

(3D)

Paragraphs (3B) and (3C) shall have effect regardless of the awards actually made by the court under CPR Part 46.”.