Fixed Fees in the Court of Protection have increased, further to amendments to Practice Direction (19)B.
There have not been any significant amendments to the Court of Protection Rules which govern the practice and procedure in the Court of Protection since their introduction in 2007. In many people’s opinion, the update is long overdue.
The amendments have been made to strengthen the Court of Protection’s powers to deal with the current challenges, particularly the increase in caseloads and complexity of cases. The increase to Fixed Fees may encourage some financial Deputy’s to follow this route instead of having their costs assessed, which would ultimately free up some of the Senior Courts Cost Office’s capacity to assess bills and bring clarity and consistency to the costs assessment process, as Court of Protection cases continue to rise.
Please see below the revised fixed fees in the Court of Protection:
|Original Fixed Fees (plus VAT)||Amended Fixed Fees (plus VAT)|
|Appointment of Financial and Property Deputy||£850.00||£950.00|
|Appointment of Health and Welfare Deputy||£500.00||£555.00|
|Appointment of a Trustee||£385.00||£500.00|
|First General Management Year||£1,500.00||£1,670.00|
|General Management for the Second Management and Subsequent management years||£1,185.00||£1,320.00|
|Preparation of the Deputyship Report||£235.00||£265.00|
|Preparation of a Basic HMRC income tax return||£235.00||£250.00|
|Preparation of a Complex HMRC income tax return (NEW)||N/A||£600.00|
of £350 and a maximum sum of £1,500, plus disbursements.
|Minimum sum of £400.00 and a maximum sum of £1,670.00, plus VAT and disbursements.|
|Interim Payments||Bill up to 60% of the WIP incurred per annum (20% per quarter).||Bill up to 75% or the WIP incurred per annum (25% per quarter).|
If you have any queries, please do not hesitate to contact Georgia Clarke or the team at COPCosts@clarionsolicitors.com