Circumstances where we are entitled to apportion or modify inclusive fees

Regulation 5(6) of the Civil Fees Regulations provides us with authority to apportion or modify any fees set out in Schedule 6 in the following circumstances:

• between solicitors in appropriate circumstances; or
• to modify any such fees in the case of a solicitor acting for more than one party in the same proceedings; or
• in the case of the same solicitor acting in more than one proceeding arising out of the same circumstances.

Although regulation 5(6) also makes provision that allow us to modify fees where proceedings are settled or disposed of at a stage when the work covered by any inclusive fee has not been completed we cannot apply that provision to cases charged under Schedule 6, chapter II (Defended Actions) given the terms of paragraph 24 of the Notes on the operation of chapter II, which makes it clear that no fee is allowable unless the work for which the fee is payable has been completed in its entirety.