Challenging the result of Provisional Assessment

The Senior Courts Costs Office has given guidance on the proper approach to challenging the result of Provisional Assessment.

Robert Patterson is an Associate in the Clarion Costs Department. He can be contacted on 0113 336 3337 or by email to Robert.Patterson@clarionsolicitors.com.

Costs Budgeting following the 109th CPR update

The 109th update has clarified what falls within the “incurred” costs, and made some changes to the guidance regarding which phase costs fall into. Watch the video for more detail and some tips on how to manage the period between the drafting of the budget and the date of the costs management hearing.

Anna Lockyer is an Associate and Costs Lawyer in the Clarion Costs Department. You can contact her by email at Anna.Lockyer@Clarionsolicitors.com, or by phone on 0113 288 5619.

 

COVID 19 update: face to face hearings

HMCTS are consolidating the work of the courts and tribunals into fewer buildings. It has been announced that from Monday 30 March 2020 there will be a network of priority courts that will remain open during the coronavirus pandemic to make sure the justice system continues to operate effectively.

Fewer than half of all court and tribunal buildings will remain open for physical hearings, with 157 priority court and tribunal buildings remaining open for essential face-to-face hearings. This represents 42% of the 370 crown, magistrates, county and family courts and tribunals across England and Wales.

To help maintain a core justice system that is focused on the most essential cases there will be open courts, staffed courts and suspended courts.

The Judiciary recommend that you check which courts are open before you travel.  For information regarding the category of each court please follow this link.

Lord Chancellor Robert Buckland has said that it is vital that we keep our courts running. and that:

An extraordinary amount of hard work has gone into keeping our justice system functioning. Technology is being used creatively to ensure that many cases can continue. Not everything can be dealt with remotely and so we need to maintain functioning courts.

These temporary adjustments to how we use the court estate will help ensure that we can continue to deal with work appropriately in all jurisdictions whilst safeguarding the well-being of all those who work in and visit the courts”.

Staffed courts will support video and telephone hearings and progress cases without hearings and ensure continued access to justice.

The remaining courts and tribunals will close temporarily and these measures will be kept in place for as long as necessary.

Sue Fox is a Senior Associate and the Head of the Costs Management team in the Costs and Litigation Funding Department at Clarion Solicitors. You can contact her at sue.fox@clarionsolicitors.com and 0113 336 3389, or the Clarion Costs Team on 0113 246 0622.

 

 

 

 

COVID-19 – the practical impact on professional Deputies and the SCCO

During these uncertain times, communication is key. Clarion are in regular communication with the Senior Courts Costs Office to understand and share how they will be adapting to continue to service CoP cases.

Firstly, electronic signatures will be accepted. The SCCO still require the hard copy files of papers to undertake the assessment, however, they have extended the timescale for professionals to send the papers following e-filing from 5 days to 28 days, which will be a great help.

It will come as no surprise that the assessment turnaround will be delayed further by these challenges. The SCCO are working with a virtual costs office with cases being dealt with remotely wherever possible.

To help struggling firms, there is a move in the CoP to increase the interim payment to 85% for a full year’s general management charges. This will mean a change to Practice Direction 19B, which is under review. Further information about this will be shared as soon as possible.

Clarion are fully equipped during this time to continue working with professional Deputies to have their bills of costs drafted for assessment. If you have any queries, please contact Stephanie Kaye at Stephanie.kaye@clarionsolicitors.com or call 0113 3363402.

 

 

Best Practice for file keeping in the Court of Protection

File keeping can have a big impact on the assessment of a Deputy’s file by the Senior Courts Costs Office (SCCO). Stephanie Kaye looks at 5 key points about file keeping in the Court of Protection and how to maximise costs recovery.

Stephanie Kaye is a Senior Associate in the Clarion Costs Department, and heads the Court of Protection Costs team. You can contact her on 0113 336 3402 or by email at stephanie.kaye@clarionsolicitors.com.