PLK & Others – can you recover the higher rates?
There have been ongoing discussions between some of our clients and the SCCO in relation to the uplift in hourly rates under this recent case. This is on the basis…
Author: Brian Ferry
The Chorley Principle – (JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63).
The case was a dispute about a revoked enduring power of attorney and appointment of a solicitor under a lasting power of attorney. The rules on costs of a litigant…
The Chorley Principle – (JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63).
The case was a dispute about a revoked enduring power of attorney and appointment of a solicitor under a lasting power of attorney. The rules on costs of a litigant…
Can a non-solicitor Deputy charge fees at the solicitors’ rate?
In the recent case of The Office of Public Guardian v Andrew Riddle (Nos 1 and 2) Senior Judge Hilder had to decide if the professional Deputy could charge fees…
Child Trust Funds and access for those who do not have mental capacity
From 1st of September 2020, it is estimated that hundreds of thousands of teenagers can access their Child Trust Fund money given to them when they were born. The UK…
Should a Court of Protection Deputy seek court authorisation before litigation?
The recent judgment by Hilder HHJ has ruled in the three linked cases of ACC, JDJ and HPP (ACC & Ors (2020 EWCOP 9)). The judgment concerns three separate sets of proceedings where each Deputy…
OPG consultation on ‘Hardship’ Cases
In November 2019, Clarion hosted another Court of Protection Masterclass and the event was widely attended, including speakers from the Office of the Public Guardian (OPG), Slater Heelis Solicitors and Clarion.…
Maximising Recovery: Payments and Dual Attendances
We continue to see assessments returned from the Court where payments have been reduced to 3 minutes at a Grade D hourly rate. Furthermore, we continuously see time claimed for…