General application of Tables
4 General application of Tables
General resolution types The maximum amount of costs for the resolution of a claim or dispute as described in Table 2 is the amounts set out in—
column 1 or 2 of Table 1 for the claimant, and
column 3 or 4 of Table 1 for the insurer,
for the applicable phase.
However—
that maximum amount may be decreased by an amount already received under an entitlement from Table 3 in circumstances specified in that Table, and
that maximum amount may be increased by an entitlement under Table 4 in circumstances specified in that Table.
Special resolution types The maximum amount of costs for the resolution of a claim or dispute as described in Table 3 is the amounts set out in that Table.
Additional legal services or other factors—general The maximum amount of costs for an additional legal service or other factor in respect of a resolution as described in items 1–5 of Table 4 is up to the amount or percentage of costs set out in—
columns 1 and 3 of items 1–4 of Table 4 for the claimant, and
columns 2 and 4 of items 1–4 of Table 4 for the insurer, and
column 1 of item 5 of Table 4 for the claimant, and
column 2 of item 5 of Table 4 for the insurer.
Accordingly and for the avoidance of doubt—
an entitlement to costs under item 1, 2 or 3 of Table 4 as certified by the Commission may be added to the costs recoverable under item B, D, E or F of Table 1, and
an entitlement to a percentage increase in costs ascertained under item 4 or 5 of Table 4 and as certified by the Commission applies to increase the costs claimable under item D, E or F of Table 1, and
an entitlement to costs under item 1, 2 or 3 of Table 4 as certified by the Commission is recoverable by an insurer in respect of a resolution referred to in item B of Table 1 even though no costs may be recoverable by the insurer under that item.
Additional legal services or other factors—multiple respondents or lead scheme agent The maximum costs for an additional legal service or other factor as described in items 6 and 7 of Table 4 are up to the percentage applicable for the claimant and insurer as specified.
Accordingly and for the avoidance of doubt, an entitlement to a percentage increase in costs ascertained under items 6 and 7 of Table 4 applies to increase the costs claimable under items A to F of Table 1.
Table 4 costs not separately claimable Except as referred to in subclause (3)(c), costs specified in Table 4 are recoverable only if costs as described in Table 1 are also recoverable.
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