Private Client
The Case Law of Garylee Grimsley (1998), addresses the argument of two or more fee earners at an attendance. This was disallowed by Master O’Hare in accordance with R-v-Legal Aid Board Ex Parte Bruce (1991) which stated that whilst the solicitors are not expected to carry knowledge of all the law in the heads, seeking… Continue reading Garylee Grimsley 1998 – Two or more fee earners at an attendance
What happens with costs following the death of P? A claim for costs that have been incurred during the Protected Party’s life time which are to be paid or charged on the estate, is to be made within 6 years of the date of the Protected Party’s death as per the Court of Protection Rules… Continue reading Professional Costs following the death of P
NEW FEE INCREASES 2024 Practice Direction 19B – Fixed Costs and Deputy Remuneration In The Court of Protection As of the 1 April 2024, the above practice direction has been updated to include an increase in fixed costs that can be claimed, and these are set out in the table below. Work Undertaken Fixed Costs… Continue reading Court of Protection – Increased Fixed Fees from 1 April 2024
Costs cases involving Part 36 and their interplay with Fixed Costs seem to be a semi-regular occurrence.
When does the Practice Direction apply? This Practice Direction takes effect from 1 April 2024 and applies to matters in which the fixed costs or remuneration period, ends on or after 1 April 2024. However, if you are a Deputy allowed to charge, you should still claim rates according to the previous Practice Directions and… Continue reading Practice Direction 19B – Fixed Costs and Deputy Remuneration in the Court of Protection
In some cases, the Court will stipulate that the receiving party must serve a copy of the request for an assessment and any accompanying documents upon a ‘person who has a financial interest in the outcome of the assessment’, in accordance with Practice Direction 47 and Rule 47.19(3). This person can be known as an… Continue reading Interested Parties and what this means for Costs Assessments
The Original Decision The Claimant and the Claimant’s sister were the sole beneficiaries of his late mother’s estate in this matter. The Defendant solicitors were retained by the sole executor of the will and the deceased’s brother and who played no active part in the application. There was a formal engagement letter between the executor… Continue reading Third Party Assessments and the impact of Kenig v Thomson Snell & Passmore LLP
In the case of ACC & Others, the Deputyship Order did not contain provisions which granted authority for the Deputy to conduct litigation proceedings.. HHJ Hilder clarified matters with regards to professional Deputies instructing solicitors from their own firm to conduct litigation on behalf of the Protected Party. HHJ Hilder explained that Deputyship Orders provided… Continue reading Instructing a Specialist in Court of Protection Matters? The impact of ACC & Others [2020] EWCOP 9
If you are professional Deputy, it is worth remembering that you can take fixed fees for certain aspects of Court of Protection work. Practice Direction 19B provides authority for the following fixed costs: Deputyship Application, which includes work up to and including the date upon which the court makes an order - £950 (plus VAT)… Continue reading A Reminder of Fixed Costs within the Court of Protection
A hardship case occurs when the Protected Party’s net assets are below £16,000.00 at the time when the Deputyship Anniversary passes. In cases like this, it is not appropriate for the Deputy to have their costs assessed and are limited to take a fixed fee of 4.5% (plus VAT) of the value of the Protected… Continue reading HARDSHIP CASES
I joined Paramount Legal Costs in July 2022, as a Senior Law Costs Draftsperson, as I wanted to focus on my specialism which is Court of Protection Costs, an area that I have worked in for the last 8 years. I was looking forward to joining a new team and getting to know new clients,… Continue reading FLEXIBLE WORKING
The COP E-Bill was introduced on 1 November 2022 and a new feature was added by way of an expandable box headed “Non-Welfare cases – Value and breakdown of P’s assets (if known)”. This is to specifically show, for example, the split between properties, bank accounts, investments and other assets. It is imperative that the… Continue reading TOP TIP: Financial Information
It is a common occurrence for the Deputy to be involved with the Protected Party’s ongoing litigation claim. This could include calculation of the interim payments on account of damages and providing information to the litigation solicitor to assist with the preparation of the Schedule of Loss. Unfortunately, these costs are not recoverable within the… Continue reading TOP TIP: Litigation Costs
What is a financial beauty parade? A financial beauty parade is an occasion where a group of financial advisor’s outline their business expertise in terms of investment management, in order to secure and essentially “win” your business. How does this relate to the Court of Protection? Large compensation claims achieved by Protected Party’s often require… Continue reading Financial Beauty Parades
The voluntary pilot for the use of electronic bills in the Court of Protection (COP E-Bills) ran from 1 November 2022 to 28 April 2023. The new bill is in Microsoft Excel format and, whilst it appears very different to the Microsoft Word format bill we were all used to, it provides a number of… Continue reading Electronic Bills in the Court of Protection
Don’t be tempted to limit the amount of time you record for a particular task, even if you think it took longer than it should have done. Fee earners with less experience in particular may be tempted to do so, but we recommend you record exactly how long the task took, and let the Costs… Continue reading TOP TIP: DON’T SELF EDIT
In the case of Jamie Walker (2001), Master O’Hare directed that time spent checking an invoice, checking the file to ensure the invoice had not already been paid, checking that there are sufficient funds in the account, and preparing the appropriate cheque and letter, is non-fee earner work. More recently, in the case of Connor… Continue reading TOP TIP: PAYMENT OF INVOICES
File notes play a really important part for your file and recovery of your costs, so record all time spent on file notes where possible and try to ensure the file notes are correctly dated (and where possible that they match your time ledger). Ensure the time is recorded on the file note itself and… Continue reading Top Tip: Importance of File Notes
The Professional Deputy Costs Guidance stipulates that the SCCO will usually allow one home visit within a 12-month period. However, it is noted that more visits may be required in order to meet the needs of P. In relation to any additional visits throughout the management period, the Deputy would need to justify these attendances… Continue reading Top Tip: Level of Contact and Two Fee Earners at an Attendance
It is best practice to have a neat, chronological file, ideally with all papers in the one bundle/file. Files separated into multiple folders or sub-folders can take longer to cost and can be more time consuming for the Costs Officer to find a specific document. The risk of duplication is also higher. There are exceptions… Continue reading TOP TIP: NEAT FILES
Where the Client’s death occurs during the general management year, the authority of the Deputy comes to an end. In this event, the Deputy should try agree their costs with the Executor of the Client’s estate to avoid delays in winding up the estate and incurring extra costs including court fee for assessment and preparation… Continue reading TOP TIP: PROFESSIONAL COSTS FOLLOWING THE DEATH OF A CLIENT
I joined Paramount Legal Costs in May 2022 as a Costs Lawyer, as I wanted to focus on my specialism within the area of Court of Protection Costs. I knew the work itself wasn’t going to be the challenge as it would just be a case of getting to know new clients and how they… Continue reading Remote Working
Level of contact and proportionality are important factors to consider when submitting a Bill of Costs for assessment. The Court of Protection Rules 2007 (Overriding Objective) states that the Court will “deal with the case in ways which are proportionate to the nature, importance and complexity of the issues.” Professional Deputies should consider whether the… Continue reading Top Tip: Level of Contact
Estimated Costs On occasions a file note may not include any time for a task undertaken. As a draftsman aiming to achieve as high a recovery as possible on your behalf and using our expertise, we may on occasions add in “estimated time” on a bill of costs. This can be highlighted to you as… Continue reading Top Tip: Estimated Costs
Delegation is something that most Court of Protection Practitioners (and other professionals) are familiar with. It is also a recurring theme on assessments, whereby reductions are often applied to work undertaken by more Senior Fee Earners, most commonly, Deputy/Grade A or Grade B Fee Earners. Firstly, and importantly, Master Whalan has recently agreed that the… Continue reading Top Tip: Delegation of Duties
After a very busy first few weeks of the new year, I have finally been able to look properly at figures for the Private Client Department and reflect on what an amazing year 2022 was for us as a department. We managed to achieve around a 36% growth in Court of Protection files alone from… Continue reading 2022: What a Year!
This case concerns RN, a 22-year-old man, who suffers from a severe learning disability, as well as Partial Trisomy 13, and a heart condition, Tetralogy of Fallot, repaired in 2001. The Partial Trisomy 13 is a chromosomal irregularity that has had a significant effect on RN’s cognitive development. RN lives with his mother, TN, who… Continue reading An ICB & RN & TN [2022] EWCOP 41
When checking the mileage on my car the other week and then checking what it was back in January, I couldn’t believe that I’d done over 9,000 miles. So, I thought it was quite apt that I was writing a blog about volunteering and looking at all the weekends I’d been away and then calculating… Continue reading VOLUNTEERING
An application was brought before the Court under s.21A of the Mental Capacity Act 2005 (‘MCA’) which concerned XX. The main issue related to whether it was in XX’s best interests to travel to Jamaica and live out the remaining years of life as he would be supported by his extended family including 2 living… Continue reading XX v West Northamptonshire Council & Anor [2022] EWCOP 40
The court considered (1) an application on behalf of DN for welfare orders under the Mental Capacity Act 2005, and (2) an application by the local authority for orders authorising DN’s deprivation of liberty in an unregulated placement. DN is 17 years old with a diagnosis of Autistic Spectrum Disorder, severe learning difficulties, and Tourette’s… Continue reading South Gloucestershire Council v DN [2022] EWCOP 35
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