Court of Protection

Court of Protection proceedings are often complex and the amount of money or property involved in the management of a protected party’s assets is generally high.  The role of the deputy has become more complicated over the years and the decisions that they are required to make can sometimes be of the greatest importance.  The deputy must apply their own judgment to matters and this autonomy demands greater responsibility and the need for greater skill.  We are experienced in recovering the costs of appointed deputies in Court of Protection matters where the costs are to be assessed by the court.

Appointed deputies are entitled to renumeration of their costs for this discrete area of professional practice under Section 55 of the Mental Capacity Act 2005 and Part 19 of the Court of Protection Rules 2017.

 

We are experienced in recovering the costs of applications to both appoint and remove the deputy, the deputy’s general management costs, statutory will applications and other applications in relation to the protected person’s personal and financial affairs.

 

We understand the statutes and authorities surrounding costs in Court of Protection matters, including the Court of Protection Rules 2017, the Senior Courts Costs Office Guidance, and the Office of the Public Guardian Guidance. We also have in-depth knowledge of the case law relevant to costs in Court of Protection matters, including the recent landmark judgment in PLK & Ors [2020] in which authority was given to deputies to claim a 20% uplift on guideline hourly rates.  

 

We have expertise in preparing detailed and accurate bills of costs that justify the costs claimed and obtaining outstanding recoveries. We also put measures in place to ensure that bills of costs are prepared and filed for assessment by the Senior Courts Costs Office expeditiously so that payment can be received as soon as possible.

 

Whilst further reviews by a costs officer/master and oral hearings are not usually necessary following the assessment of a bill of costs, if there is dissatisfaction with the assessment, we can help with requesting re-assessments and ultimately recovering more for our clients.    

 

We also bear in mind that the costs of the assessment are likely to come out of the protected person’s property and so it is always in our interests to minimise the same and we structure our fees accordingly.  

 

To discuss how we can assist you with legal costs services in Court of Protection matters, contact us using the details below.

Contact us now to discuss your needs and receive a free, no obligation quotation.

Athene Legal

32 Threadneedle Street

London

EC2R 8AY

0207 459 4843

 

info@athenelegal.co.uk

Services in Court of Protection

We help to address and resolve multifaceted challenges in relation to all aspects of legal costs, tailoring our strategic approach to address the specific objectives of our clients.

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