Costs after Death in the Court of Protection
The Deputy’s authority to recover their costs after the Protected Party’s death can be a grey area. In some cases, the Deputy will have authority to subject their costs to…
Category: Court of Protection
Welfare Costs within the Court of Protection
Rule 157 of the Court of Protection Rules 2007 states that “where the proceedings concern P’s personal welfare, the general rule is that there will be no order as to…
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…
The Future of Guideline Hourly Rates and the Extension of Fixed Fees
It has been announced that the SCCO Guideline Hourly Rates (GHR) are to be frozen at the 2010 levels indefinitely after the Master of Rolls decided that the evidence required…
New Clarion Court of Protection Newsletter – February 2015
Revision to Civil Procedure Rules Part 21: Children & Protected Parties and what you should know: Costs Newsletter NEW February 2015 If you have any questions or queries in relation…
Before: Senior Judge Lush re: EG ~ Between: The Public Guardian –and- GB(1), SG(2) and London Borough of Bromley(3) [2015] EWCOP 6 (11 February 2015)
This article focuses on the Office of the Public Guardian’s application to revoke a Lasting Power of Attorney (LPA) as the Attorneys’ behaviour had contravened their authority and they had…
Court of Protection Case Law Summary
This article focuses on the main case law which impacts upon the costs within the Court of Protection. It is apparent that Costs Officers frequently refer to one or more of these…
Before: Senior Judge Lush ~ Between: The Public Guardian –and- CT(1) – and – EY(2) (Citation: [2014] EWCOP 51 (1 December 2014))
This article focuses on the Respondent’s request for an Order for Costs against the Office of the Public Guardian (OPG) with regards to the safeguarding application which arose in respect…