Private Client
Making Offers in Solicitors Act Assessments – the limitations afforded by the Act
With the backdrop of an ever increasing number of Solicitors Act assessments being brought, it is always important to consider the potential costs consequences of bringing such a challenge. It is clear, from cases such as Belsner, that Solicitors Act assessments are very expensive. Costs of Solicitors Act assessment The Solicitors Act provides that… Continue reading Making Offers in Solicitors Act Assessments – the limitations afforded by the Act
Contentious Probate Costs – Getting Estimates Right
Providing Accurate Estimates in Contentious Probate Cases The importance of providing accurate estimates in respect of contentious probate costs cannot be overstated. The vast majority of challenges to solicitors bills will be a result of an unexpected shock suffered by the beneficiaries. There is nothing worse than being provided a quote or an estimate for… Continue reading Contentious Probate Costs – Getting Estimates Right
Understanding the Solicitor/ Client Assessment process in Contentious Probate
The Solicitors Act 1974 has enshrined the historic right of clients to have their solicitors’ bills assessed by the Court. In the past this was a right that was rarely used save for the unfortunate circumstances when the solicitor/client relationship broke down and resulted in a dispute. However, since the introduction of LASPO and the… Continue reading Understanding the Solicitor/ Client Assessment process in Contentious Probate
Key Takeaways From Kenig: What do Practitioners need to know?
The landmark case of Kenig v Thomson Snell & Passmore LLP [2024] has redefined the rights of beneficiaries under S.71(3) of the Solicitors Act 1974, opening new avenues for challenging solicitors’ bills. Today, we will take a look at the key takeaways from Kenig. S.71(3) of the Solicitors Act 1974 had enshrined the right of… Continue reading Key Takeaways From Kenig: What do Practitioners need to know?
Private Client – A Year in Review
2024 has undoubtedly been the busiest year on record for the Private Client Team at Paramount Legal Costs. The year started positively with a long-awaited increase in the Guideline Hourly Rates, shortly followed on 1 April by an update to Practice Direction 19B. This brought significant increases across all categories of fixed costs that can… Continue reading Private Client – A Year in Review
Are inter-fee earner discussions recoverable?
A common question we get is, are inter-fee earner discussions recoverable? Well, the answer is held within Fuseon Ltd v Senior Courts Costs Office & the Lord Chancellor [2020]. In this case, a costs claim arose from a private prosecution by Fuseon Ltd, a Lancashire based letting agency, against a Director of the business who… Continue reading Are inter-fee earner discussions recoverable?
Private Client – The First Six Months of 2024
The first six months of 2024 has been an unusually busy time, both in the Court of Protection costs world, and for the Paramount Legal Costs Limited Private Client Team. Practice Direction 19B On 1 April 2024, Practice Direction 19B was updated, applying to all remuneration periods ending on or after that date. This saw… Continue reading Private Client – The First Six Months of 2024
Garylee Grimsley 1998 – Two or more fee earners at an attendance
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
Professional Costs following the death of P
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
Court of Protection – Increased Fixed Fees from 1 April 2024
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
Practice Direction 19B – Fixed Costs and Deputy Remuneration in the Court of Protection
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
Interested Parties and what this means for Costs Assessments
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
Third Party Assessments and the impact of Kenig v Thomson Snell & Passmore LLP
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
Instructing a Specialist in Court of Protection Matters? The impact of ACC & Others [2020] EWCOP 9
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
HARDSHIP CASES
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
FLEXIBLE WORKING
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
TOP TIP: Financial Information
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
TOP TIP: Litigation Costs
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
Financial Beauty Parades
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
Electronic Bills in the Court of Protection
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
TOP TIP: DON’T SELF EDIT
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
TOP TIP: PAYMENT OF INVOICES
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
Top Tip: Importance of File Notes
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
Top Tip: Level of Contact and Two Fee Earners at an Attendance
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
TOP TIP: NEAT FILES
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
TOP TIP: PROFESSIONAL COSTS FOLLOWING THE DEATH OF A CLIENT
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
Remote Working
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
Top Tip: Level of Contact
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
Top Tip: Estimated Costs
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
Top Tip: Delegation of Duties
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
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