Who are the interested parties and who should be served in COP cases?
An interested party is anyone with a financial interest in the outcome of the assessment. Rule 47.19 of the CPR enables the court to direct under rule 47.19(3) that the…
What Fixed Costs can be taken within Court of Protection cases?
Practice Direction 19 (b) sets out the fixed costs that may be claimed by solicitors and public authorities acting in Court of Protection proceedings. In line with the Practice Direction,…
Ho v Adelekun – update
The long awaited judgment in Ho v Adelekun [2021] UKSC 43 was handed down in October with the appeal being unanimously allowed. The judgment clarifies the position in respect of…
Changes to the SCCO requirements following assessment
As of 1 January 2022, the SCCO will continue to require all provisionally assessed bills to be submitted alongside a completed bill summary, and for this to be e-filed to…
Guidance from the SCCO on approval of costs settlements, assessments under CPR 46.4(2) and deductions from damages
Important guidance has arrived from the senior costs judge Andrew Gordon-Saker, which outlines the procedure to be followed in the Senior Courts Costs Office where a child or protected party…
Was it in P’s best interests to live at home?
In the recent case of Hull City Council v A & Ors [2021] EWCOP 60, the issue of whether P should be moved into a residential home, or whether she…
Protecting The Vulnerable Whilst Promoting Autonomy – The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527
Background The case was brought forward to the Court of Appeal from the Court of Protection after Mr Justice Hayden sitting in the Court of Protection made the decision that…
Part 36 Rewards
HOCHTIEF V ATKINS ( 2019) EWHC 3028 ( TCC) saw a claimant who bettered their Part 36 quantum offer by just £4,500 secure an uplift of £65,000 and interest at…