How Valuable is the Protected Party’s Estate?

The proportionality test is being applied to Court of Protection matters. In our experience the Senior Courts Costs Office (SCCO) are adopting a harsher stance on assessment and in light of this, we are continually adopting new approaches to increase the recoverability of the Deputy’s costs and ensure an ever improving service.

Our experience has shown that the SCCO assess bills more favourably when the details of the Protected Party’s estate are provided. Such information includes; details of assets and liabilities, value of any property and any settlement monies received. We believe that the Costs Officer uses this information to determine whether the Deputy’s costs are reasonable and proportionate to the Protected Party’s estate. For example, it would not be reasonable and proportionate to claim costs of £20,000.00 if the Protected Party’s estate is worth only £18,000.00.

By providing the SCCO with this additional information, this may increase the recoverability of your costs. We are not suggesting that you provide an in depth breakdown of the Protected Party’s estate however an approximate figure in terms of the overall value would help to justify the costs claimed.

If you require any further advice or assistance in relation to this blog or Court of Protection costs, please do not hesitate to contact Julianne Brown (julianne.brown@clarionsolicitors.com and 0113 336 3320) or the Clarion Costs Team on 0113 246 0622.

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