Tag: clarion legal costs

SCCO Updates Filing Guidance for Court of Protection Bills

Leah MorrisLeave a comment

The Senior Courts Costs Office (SCCO) has earlier this week issued revised guidance on filing supporting papers for Court of Protection bills, coming into effect on 20 April 2026. These updates aim to streamline the assessment process and improve efficiency for both practitioners and Costs Officers.

The SCCO continues to support two methods for submitting supporting documents: digital bundles provided via the Document Upload Centre (DUC) and physical files of papers sent in the post or DX. A summary of the latest guidance is set out below.

1) Digital Bundles via the Document Upload Centre (DUC)

The Document Upload Centre (DUC) allows users to submit supporting papers electronically and is the SCCO’s preferred method, provided submissions follow the required format.

It is important to note:

  • The DUC is only for supporting documents
  • Key documents, including the bill of costs, N258B and court orders, must still be filed via CE-File in the usual way
  • To access the DUC, users must request a link by emailing the SCCO

In terms of formatting, bundles must be in PDF format only. File names should include the SCCO reference number, the Protected Party’s surname, and the billing period or case type (for example, statutory will or property sale). The SCCO also find it helpful if an indication of the bill type is included within the file name, such as general management with the relevant period dates, so it is recommended that this is included.

Where possible, a single bundle should be submitted. If multiple files are necessary, these should be clearly labelled with the relevant date ranges rather than uploading individual documents separately.

Documents must be arranged in chronological order (oldest first), with key documents placed at the beginning of the bundle. These include:

  • The OPG102 and OPG105
  • Client care letter
  • Disbursement evidence
  • Counsel fee invoices

The level of detail within documents remains important. Emails and file notes should clearly show dates and times, with correspondence identifying both sender and recipient. File and attendance notes must also record the fee earner completing the work and the time claimed.

To assist Costs Officers in locating documents quickly, the SCCO recommend:

  • Including a detailed index or bookmarks with clear dates and descriptions so items can be easily identified and cross-referenced against the bill of costs
  • Adding hyperlinks to documents where possible
  • Avoiding duplication of documents or email chains

In terms of timing:

  • For existing cases: upload at the same time as filing the bill (once the SCCO reference number is available)
  • For new cases: upload after receiving confirmation of the SCCO reference number (e.g. SC-2025-COP-001234)

2) Physical Paper Filing

Firms can still submit hard copy bundles by post. While digital filing is encouraged, it is not mandatory.

If submitting papers physically, they should be sent to:

Senior Courts Costs Office
Thomas More Building
Royal Courts of Justice
Strand
London
WC2A 2LL
DX: 44454 Strand

Many of the same principles apply to paper bundles as to electronic ones. Files should be clearly labelled with the SCCO reference number, the Protected Party’s name and the billing period or case type, and documents should be organised in chronological order.

Key documents should be placed at the front of the bundle (or the first bundle if multiple are submitted), including:

  • The OPG102 and OPG105
  • Client care letter
  • Disbursement evidence
  • Counsel fee invoices
  • A copy of the e-filing acceptance notice, including return details
  • Where multiple boxes or bundles are required:
  • Label them sequentially (e.g. Box 1 of 2)
  • Arrange documents chronologically across all boxes and bundles
  • In terms of timing:
  • Papers should be sent as soon as possible after CE-File acceptance
  • They must be submitted within 28 days

Mandatory Filing Notification

Each time a bill is submitted via CE-File, you must clearly state how you intend to file supporting documents. This should be included in the “filing comments” by confirming either ‘paper’ or ‘DUC’. Failure to include this information may result in the filing being rejected.

Final Thoughts

These updates from the SCCO reflect a continued move toward digital efficiency while still accommodating traditional filing methods.

For practitioners, the key takeaway is simple: clarity, organisation, and compliance with formatting rules are essential. Adopting the DUC where possible, and doing so correctly, will help avoid delays and ensure a smoother assessment process, particularly given the continued delays and significant turnaround time for receipt of assessed bills, which remains in excess of a year at present.

For further guidance or to request DUC access, contact the SCCO directly at scco@justice.gov.uk.

You can find out more about our services here or you can contact the Costs and Litigation Funding team at costs.support@clarionsolicitors.com.

Understanding the Role of Each Grade Fee Earner in Court of Protection: A Breakdown of Responsibilities

Leah MorrisLeave a comment

Navigating the complexities of Court of Protection requires a clear understanding of the roles and responsibilities of the various fee earners involved in the process. From apprentices and paralegals through to senior partners, each grade of fee earner plays a vital part in managing and overseeing costs, ensuring that both legal obligations and client needs are met efficiently. In this blog, we will explore the specific tasks and duties that correspond to each grade of fee earner, offering insight into how their work contributes to the overall success of Court of Protection cases and the accurate management of associated costs.

Grade D

Grade D fee earners refer to trainee solicitors, paralegals, and other fee earners, such as administrative assistants. These fee earners are not qualified lawyers.

Tasks commonly undertaken by Grade D fee earners include the following:

  • Arranging payments
  • Reviewing invoices
  • Considering incoming correspondence
  • Liaising with the DWP in relation to benefits
  • Preparing standard forms, such as banking forms
  • Amending standing orders
  • Considering bank statements
  • Attending the property for insurance visits.

These tasks are undertaken by Grade D fee earners to assist with the Protected Party’s daily life. Grade D fee earners will often be delegated tasks by more senior fee earners or seek instructions to reduce the costs incurred to the Protected Party. The tasks carried out usually require minimal specialist knowledge and consist of simpler duties to enable the day-to-day management of the case.

Grade C

Grade C fee earners consist of solicitors or legal executives and fee earners of equivalent experience. These fee earners are usually qualified, however, senior paralegals can also be categorised as Grade C based on extensive Court of Protection experience.

Tasks commonly undertaken by Grade C fee earners include the following:

  • Preparing the annual Deputyship report
  • Preparing benefits forms
  • Considering the insurance position
  • Reviewing care plans
  • Drafting COP forms

Grade C fee earners usually have regular day-to-day conduct of the file and will complete tasks to reduce the costs incurred to the Protected Party. However, these tasks may be slightly more complex and require further specialist knowledge than unqualified persons (Grade D) to enable completion. In practice, Grade C fee earners are often the backbone of the day-to-day management of the case. They ensure that routine matters such as reporting, correspondence, and documentation are handled effectively while providing intermediate-level legal support. Their ability to balance both practical and legal considerations helps keep costs manageable while still meeting legal standards.

Grade B

Grade B fee earners include solicitors and legal executives who have been qualified for a minimum of four years.

Tasks commonly undertaken by Grade B fee earners include the following:

  • Liaising with P and their family as the main point of contact
  • Preparing budgets
  • Preparing Witness Statements
  • Liaising with the care home regarding P
  • Making simpler best interests decisions

Claiming Grade B in cases is challenging due to the complexity of tasks to be undertaken, requiring extensive legal knowledge that would necessitate a more senior fee earner than Grade D or C. However, the tasks are not quite complex enough to warrant the expertise of a Grade A fee earner, such as the Deputy. As there is no exhaustive list of specific tasks, it can be difficult to justify why a Grade B fee earner was required to conduct the work in the place of a lower grade fee earner. Grade B fee earners take on a supervisory role in cases, often overseeing the more detailed aspects of the case while ensuring compliance with Court of Protection requirements. Their work bridges the gap between the more routine tasks carried out by Grade C or D fee earners and the high-level strategic oversight of a Grade A fee earner.

Grade A

Grade A fee earners consist of solicitors and legal executives who have been qualified for over 8 years.

Tasks commonly undertaken by Grade A fee earners include the following:

  • Certifying and signing documents
  • Approving payments
  • Making complex and costly best interests decisions
  • Delegating tasks
  • Attending on P for the annual Deputy visit
  • Attending on the IFA
  • Reviewing investment and portfolio reports

Grade A fee earners have minimal overall day-to-day navigation of the matter due to the higher hourly rate charged and therefore the additional costs that would be incurred to the Protected Party. This is because they are focused on providing specialised expertise or high-level legal advice rather than managing the day-to-day administrative tasks and procedural aspects of a case. Their role is usually more strategic, handling complex legal issues and ensuring that the case aligns with broader legal principles. In practice, Grade A fee earners are responsible for making decisions with long-term implications, including the management of assets, complex best interests decisions, and compliance with legal requirements. As a result, the administrative tasks, client communication and file management responsibilities often fall to more junior staff, such as Grade C fee earners or paralegals, who are responsible for maintaining the case on a practical level. This division allows Grade A fee earners to focus on their area of expertise while delegating routine tasks to those with less specialised experience.

In conclusion, understanding the specific responsibilities of each grade fee earner in Court of Protection cases is essential for both managing costs effectively and ensuring the protection and care of vulnerable individuals. From the foundational tasks handled by junior fee earners to the more complex responsibilities undertaken by senior professionals, each role plays a vital part in maintaining the smooth operation of the case. By clearly outlining the tasks and responsibilities across different grades, legal teams can work more efficiently, ensuring that every aspect of the case is addressed with the appropriate level of expertise. This collaborative approach helps to balance both legal and financial obligations, ultimately benefiting the clients who rely on the Court of Protection system for support and guidance.

You can find out more about our services here or you can contact the Costs and Litigation Funding team at costs.support@clarionsolicitors.com.

Fixed Costs and Remuneration of Professional Deputies

Laura SugarmanLeave a comment

On 18th June 2025, the Office of the Public Guardian issued new guidance in relation to fixed costs and remuneration of professional Deputies. The purpose of the guidance is to set out the general principles regarding fixed costs and the Public Guardian’s position on issues relating to fixed costs.

As you will be aware, rule 19.13 of the Court of Protection Rules confirms that Deputies can be remunerated for costs they incur when performing their duties as Deputy. The Court may order that the Deputy is allowed to take fixed costs. These are outlined in Practice Direction 19B (PD19B), which was recently updated, on 1st April 2024. Whereby the management period ended before 1st April 2024, the rates set out in the previous PD19B would apply, however if the period covered by the fixed costs ends on or after 1 April 2024, the rates outlined in the latest version of the Practice Direction apply. Generally speaking, a management period would run on an annual basis, however this guidance confirms that if the period is less than a year (for example if there is a change in Deputy or P passes away) the fixed costs claimed should be apportioned accordingly.

It is important to ensure that if you want to have your costs assessed but the Court Order only allows for fixed costs, the Deputy will not be allowed to take any costs higher than fixed costs as per the case of The London Borough of Enfield v Matrix Deputies Ltd & Anor. Our advice would be to apply to the Court of Protection to have the costs clause varied to allow for the costs to be assessed in these circumstances.

The guidance also reiterated the definition of net assets as per the case of Penntrust Ltd v West Berkshire Council & Anor. This case confirms that net assets is the total assets minus total liabilities. This includes any property owned by P, regardless of if they are currently residing in the same.

Whereby P has net assets of less than £20,300, the Deputy will not be permitted to have their costs assessed. Instead, they can take an annual management fee not exceeding 4.5% of P’s assets. The guidance also confirms that if there is a pending settlement which would take P’s assets significantly above £20,300, the Deputy should apply to the Court of Protection to seek authority to delay taking costs until the settlement funds have been received. This is a move away from previous guidance which has stated that the Deputy can only have costs assessed if P has assets above the threshold on the anniversary of the Court Order.

Further guidance has now been issued in relation to tax returns. Fixed costs can be taken for the completion of a basic tax return and complex tax return. It has been difficult to determine what would account for a complex tax return and therefore this guidance is very welcomed. The guidance states that:

‘PD 19B defines a basic tax return to cover cases where P’s income is derived primarily from bank or NS&I interest and taxable benefits, discretionary trust or estate income. A complex tax return may be defined as one which also includes income form more complex investments including stocks, shares and bonds, rental property, business income and foreign property. Public authority deputies may charge up to £89 for a basic tax return as set out at paragraph 18 of Practice Direction 19B to include bank or NS&I interest and taxable benefits and may charge an amount not exceeding £89. They may charge P for the completion of more complex tax returns as a specialist service P would be expected to play for if they retained capacity.’

Guidance has also been provided in the event of P’s death. The Public Guardian recommends that the Deputy agrees any costs with the personal representative of the administrator of P’s estate. Further, the guidance states that the Deputy is not permitted to take final costs after P’s death, if the estate has not yet been settled.

If you have any questions, please get in touch with Laura Sugarman for further information – laura.sugarman@clarionsolicitors.com.

ACC & Others – A Useful Recap

Leah MorrisLeave a comment

Introduction

The case of ACC & Others [2020] EWCOP 9 was a landmark judgment by HHJ Hilder in the Court of Protection that clarifies the authority required by Deputies to obtain legal services and the management of conflicts of interest.

This judgment arose from three separate proceedings involving Deputies connected to the law firm Irwin Mitchell. In two of these cases, the Deputy was the Irwin Mitchell Trust Corporation and in the third case the Deputy was a partner in the firm. Notably, the Deputyship Orders did not explicitly grant or deny authority to instruct solicitors or initiate legal actions, leading to questions about litigation costs and potential conflicts of interest in a Deputy connected to Irwin Mitchell appointing Irwin Mitchell to act in litigation.

‘General Authority’

HHJ Hilder sets out the background to the three sets of proceedings, the position of the parties and the relevant law, explaining that the Orders appointing the Deputies contained a general authority and that these proceedings had arisen “…because the Court had concerns about what the Applicants regard as a reasonable interpretation of ‘general’ authority.”  The three cases “demonstrate a clear need for further amplification of the Court’s approach” but the learned Judge approached that task cautiously, stating that “‘General’ authority is not susceptible to exhaustive definition.”

In order to amplify the Court’s approach, HHJ Hilder asked a series of questions in relation to authorisation required to conduct litigation on behalf of P, further proceedings in the Court of Protection, to what extent ‘general authority’ encompassed authority to take legal advice on behalf of P, the line between seeking advice and conducting litigation, urgent matters, the addressing of conflicts of interest, cases where the Deputy is not the instructing party, acting as litigation friend and where P has capacity to give instructions for the work in question.

The Conclusions of HHJ Hilder

HHJ Hilder’s conclusions on these questions are set out in an Appendix to the Judgment and are stated below.

  1.  The “general” authority to manage property and affairs which is granted by the standard Deputyship order encompasses those common or ordinary tasks which are required to administer P’s estate efficiently.
  2. Authority to make a decision / do an act in respect of P’s property and affairs encompasses such ordinary non-contentious legal tasks, including obtaining legal advice, as are ancillary to giving effect to that authority.
  3. In particular:

a) authority to purchase or sell property includes conveyancing

b) authority to let property includes dealing with leases or tenancy agreements

c) authority to conduct P’s business includes dealing with employment contracts of that business

d) “general” authority encompasses:

i) the preparation of an annual tax return, and therefore obtaining advice as to completion of the return

ii) discharging P’s financial responsibilities under a tenancy, and therefore obtaining advice as to liabilities under the tenancy.

iii) applying P’s funds so as to ensure that the costs of his care arrangements are met, and therefore dealing with employment contracts of directly employed carers

What does this mean for Deputies in practical terms?

As alluded to above, general authority for the management of property and financial affairs will usually encompass tasks such as conveyancing, managing leases, business and associated employment contracts, preparing tax returns (excluding complex returns), taking advice on any tenancy issues, arranging care and where authority encompasses steps in contemplation of contentious litigation, which includes obtaining Counsel’s opinion.

The Court Order appointing the Deputy will specifically state the authorities allowed for the most part. Where work looks to fall outside of the general authority, specific further authority may be required.

Outside the general authority of property and financial affairs Deputies, specific authority is required to conduct litigation. Deputies can take advice on ‘contentious litigation’ on a matter but only up to receiving a letter of response and no further. This has been further clarified to include non-contentious work too including conveyancing work. Specific authority is also required to make payment to a third party and includes any costs incurred by a member of the Protected Party’s family. A property and affairs Deputy also has no authority to make decisions in relation to a health and welfare matter.

Additional authority from the Court should be sought where litigation is required for continuing healthcare appeals, education appeals and appeals against health and care plans, as these fall outside the scope of the general authority. Authority is also required from the Court of Protection to let property including taking steps to form a view as to whether there are grounds to evict a tenant.

For prospective Deputies they should consider whether there is a need to instruct somebody else to provide legal advice at the time they apply to be appointed. Three quotes should be provided including one from their own firm, if desired, then the Deputy should make a best interest decision as to which provider meets the needs of the Protected Party.

For existing Deputies, there is a continuing expectation to consider the limits of their own specific authority and to address any conflicts of interest. Where costs are likely to exceed £2,000, authorisation is required and as for prospective Deputies three quotes should also be obtained. The quotes should be included within the annual Deputyship report, providing justification as to why the chosen firm was instructed. Both monetary and non-monetary significance to the Protected Party will be relevant. If the Deputy wishes for the work to remain in-house and the quote is over £2,000, an Order will be required from the Court.

Conclusion

Overall, this case has had significant implications for the governance of Deputyships, contributing to the amended Deputyship Standards published by the Office of the Public Guardian on 13 February 2023. The principles established in this judgment aim to safeguard the interests of vulnerable individuals and provide clearer guidelines for Deputies in their legal and financial responsibilities.

You can find out more about our services here or you can contact the Costs and Litigation Funding team at costs.support@clarionsolicitors.com.

TG – 12 June 2024, before Master Whalan.

Ellie Howard-TaylorLeave a comment

On 12 June 2024, Stephanie Kaye, Partner at Clarion, represented Kingsley Napley, the Deputy of TG, before Master Whalan, in a hearing concerning three issues:

  1. Time spent authorising payments by the Grade A Deputy, claimed at 3 minutes per payment
  2. Time spent conducting financial reviews in accordance with the SRA, claimed at 6 minutes per task.
  3. Time spent reconciling bank statements and transactions, claimed at 6-12 minutes per statement

The case concerning TG, with Kingsley Napley acting as Deputy, was claimed at £15,834.10 and reduced to £11,413.33 on provisional assessment. By way of background, TG had an estate of over £2.7 million at the time of assessment, income of £325,000 during the period in question and 4 separate bank accounts managed by the named Deputy, Simon Hardy at Kingsley Napley.

Authorisation of payments

The first issue was in relation to authorisation of payments. In the case of TG, the Grade A fee earner claimed 3 minutes for authorising each payment that was made on behalf of TG, in addition to the 3 minutes claimed by the Grade D fee earner arranging the payment. Those payments concerned irregular payments covering TG’s care, therapy, education fees, OT fees etc and were of significant value. The time claimed for this was 5 hours 33 minutes at Grade A which was entirely disallowed on assessment by the Costs Officer and subsequently on re-assessment.

Each item claimed was described as follows in relation to the relevant payment:

Clarion argued that it was the named Deputy’s personal appointment and therefore personal responsibility to authorise these payments as the book stopped with them. In addition, the amounts claimed (6 minutes in total for the payment) were not unreasonable and the transaction itself had been delegated as far as possible, but it was not possible to delegate the authorisation due to the nature of the appointment.

Costs Judge Whalan raised that the reductions made by the Costs Officer were on a matter of principle, but was satisfied that there was no rule preventing the recovery of this work. The work should not have been disallowed in its totally. Judge Whalan stressed that this was on a case-by-case basis and not every payment required a Grade A authorisation. It was for the Deputy to mitigate how often this happened.

He went on to advise that, for example, where the Deputy has agreed to a care plan concerning sessions of therapy at £100 per hour, the Deputy has already agreed to those costs and therefore authorisation was not required every time a payment was due. He was of the same view with payments such as utilities, in that the Deputy has already made a decision about which provider to go with, therefore authorising every payment was not a sustainable approach.

Judge Whalan said that it was not unreasonable to incur this time for irregular payments but was of the view that automatically charging time against every payment was not sustainable. He advised that there needed to be consideration of prior authorisation to payments.

Judge Whalan agreed to allow 3 hours at Grade A against the 5 hours 33 minutes claimed on assessment.

Monthly reviews of the bank accounts

The second issue was in relation to conducting monthly review of the Deputyship account. The time claimed for this was 2 hours 12 minutes undertaken by a Grade C fee earner, with all the time disallowed by the Costs Officer marked as “supervision/overheads” on assessment.

Each entry was claimed as follows:

Clarion argued that this work was not an overhead, but in fact a requirement of the SRA Account Rules and the OPG Deputyship Standards. It was also a fundamental part of the Deputy’s role to manage the finances, including reviewing the accounts.

Judge Whalan agreed and was of the view that this time should not have been disallowed as “overheads”, and commented that the work was a specifically required task. The charge of 1-2 units was prima facie reasonable for this case, however, Whalan made clear that time in excess of 2 units would be considered on a case-by-case basis.

Judge Whalan agreed to allowing the time as drawn in this instance.

Analysing the accounts and preparing reconciliations

The third issue, similarly to the monthly reviews of the Deputyship accounts, concerned TG’s bank accounts. The work however was different in nature as it was in relation to preparing reconciliation statements and analysing the accounts to assess the income and expenditure. This work claimed totalled 5 hours 24 minutes at Grade D.

Each entry was described as follows:

The SRA Account Rules 8.2 and 8.3 and the OPG Deputyship Standard 5a were referred to as requirements for the Deputy to carry out the work. On assessment, the time claimed by the Grade D was reduced by 2 hours 36 minutes.

Judge Whalan commented that it was for the Costs Officer to guard against excessive charges being claimed. Judge Whalan commented that the tasks undertaken were reasonable by the Grade D fee earner and were not unnecessarily high.

Judge Whalan agreed to allow a further 2 hours 27 minutes at Grade D, reinstating the time almost in full.

Judge Whalan would not make a written judgment on this case. Clarion agreed to write a note to share with PDF members on the outcome of the hearing, which has also been shared with Judge Whalan. This note may or may not be circulated to the Costs Officers, but Judge Whalan confirmed that the outcome would be communicated to them.

The latest update on COP assessment delays from the SCCO

Lydia MarshallLeave a comment

The SCCO has released a new update providing a further update on the current turnaround for COP assessments and e-filing.

In summary, the Costs Officers are currently assessing bills received around the middle of June 2023, and the Admin Team are working on returning bills that have been assessed, and were received by them in the 3rd week of April 2024.

With regards to e-filing, new filings submitted around the 2nd week of January 2024 are currently being dealt with, and final costs certificate requests received in the 4th week of April 2024 are being processed at present.

Whilst the SCCO have asked customers not to chase any bill that falls into the 15 month window, as outlined above, we recommend keeping a record of when bills were submitted and accepted at the SCCO and to chase anything that is now greater than 15 months.

You can contact the SCCO directly at scco@justice.gov.uk with any queries or speak to your Cost Draftsman who may be able to assist. When contacting the SCCO directly, please provide the SCCO reference for a quicker response.

Please see below the notice directly from the SCCO with guidance on what to expect with regards to the delays.

Notice-to-COP-Customers-29.04.2024Download

You can find out more about our services here or you can contact the Costs and Litigation Funding team at costs.support@clarionsolicitors.com

Costs reduced by 54% at Summary Assessment: Leading and/or Junior Counsel?

Helen ApplebyLeave a comment

Summary assessment takes place following a trial or hearing. It is a broad brush approach to deciding how much should be paid. The parties provide brief details of the costs they are claiming, via a costs schedule/N260, the Judge hears from the parties and then reaches a decision.

Saudi Arabian Airlines Corporation v Sprite Aviation No. 6 DAC [2024] provides a brief in-sight as to what may be considered during the Summary Assessment process.

Christopher Hancock KC sitting as a High Court Judge had considered a preliminary issue and agreed with the Defendant’s submissions that the matter should be reserved to the trial Judge. As a result, the Claimant was ordered to pay the Defendant’s costs.

The Defendant’s Bill of Costs totalled £42,267.31. The Claimant argued that this should be reduced to £9,540.92 for several reasons:-

(1) Hourly rates (the rates claimed exceeded Central London SCCO Commercial Guideline rates);

(2) Inappropriate use of grade A fee earners and failure to delegate. The Claimant argued that some work should have been delegated to more junior members of staff;

(3) Excessive time spent; and

(4) Excessive Counsel’s fees on the basis that the hearing did not require two Counsel. Junior Counsel alone would have been sufficient and that if junior Counsel alone been instructed, the fees could have been reduced from £22,000 to about £5,000, a saving of £17,000.

In response, the Defendant stated that the Claimant’s arguments took no account of the fact that there had had to be two hearings and not one, through no fault of the Claimant or Defendant. It was the Defendant’s view that the criticism of the hourly rates was misplaced given the very specialist nature of the dispute and the fact that both parties were instructing similar firms in this regard. Furthermore, it was their view that the choice to use higher rate fee earners served to reduce rather than increase costs, because those fee earners had enjoyed a closer contact with the dispute.

Finally, in relation to utilising both Leading and Junior Counsel, it was the Defendant’s submission that leading Counsel had conducted the advocacy at the hearing itself with Junior Counsel undertaking the additional tasks.

The Judge considered the issues. He adopted a broad brush approach and reduced the Claimant’s costs to £22,000.00. His reasoning for this reduction was that he remained of the view that only Junior Counsel was necessary and therefore struck out Leading Counsel’s fees. Given the significance of such a reduction, the Judge was content to determine that no very significant reduction should be made in relation to the other points (i.e. hourly rates/time/delegation).

Clarion’s Costs and Litigation Funding team and can be contacted at civilandcommercialcosts@clarionsolicitors.com.

 

Update from SCCO on COP assessment delays

Lydia MarshallLeave a comment

Please see below an update notice released by the SCCO, providing a further update on the current turnaround for COP assessments.

In summary, the Costs Officers are currently assessing bills received around the beginning of June 2023, and the Admin Team are working on returning bills that have been assessed, and were received by them in the 2nd week of April 2024.

With regards to e-filing, new filings submitted around the end of December 2023 are currently being dealt with, and final costs certificate requests received in the 2nd week of April 2024 are being processed at present.

Please see below the notice directly from the SCCO with guidance on what to expect with regards to the delays.

Notice-to-COP-Customers-15.04.2024-1Download

You can find out more about our services here or you can contact the Costs and Litigation Funding team at costs.support@clarionsolicitors.com.

A Party’s impecuniosity is not a reason to depart from the normal position on costs

Katie SpencerLeave a comment

In the case of K v W (Respondent’s Costs on Application for Permission to Appeal) [2023] EWFC 300 (B) (25 October 2023), HHJ David Williams outlined the costs implications for unsuccessful appeal attempts within the Family Court. The ruling ordered the Mother to pay the Father’s legal costs totalling £6,021.

The Appeal

Within the judgment, HHJ David Williams referred to the Appellant and Respondent as the Mother and Father. The Mother made an oral application to appeal the decision of the District Judge at the handing down of judgment hearing, which was refused. The Mother filed an Appellant’s notice for leave to appeal.

The Father was required to file a skeleton argument in response to the appeal and attend the hearing. At the permission to appeal hearing, the Appellant’s notice was refused on all grounds.

Costs of the Appeal

The Father filed a Schedule of Costs in advance of the hearing seeking a costs order against the Mother in the sum of £6,021. The Father submitted that as his attendance at the hearing was requested by the Court and due to the application being unsuccessful, a costs order should be ordered in his favour. The Father’s Schedule of Costs included £2,000 for Counsel’s brief fee and £1,000 for drafting the skeleton argument.

The Mother opposed the costs order and submitted that she had already paid the sum of £20,000 to Dr Proudman for drafting her skeleton argument and a £8,000 brief fee for attending the hearing. The Mother further submitted that she had been struggling financially and had only £100 in her bank. Nonetheless, her financial contributions to her own legal costs raised questions about her ability to pay the costs submitted by the Father.

Paragraph 4.24 of Practice Direction 30A states:

“Where the Court does request –

  • submissions from; or
  • attendance by the respondent,

the court will normally allow the costs of the respondent if permission is refused.”

In this case, the Court requested that the father file a skeleton argument and attend the hearing. For the Court to depart from the usual position as set out in the Practice Direction above, there must be a compelling reason. The Court held that “The mother’s alleged impecuniosity is not a reason to depart from the normal position on costs, although it may be relevant to how or when any costs order is to be satisfied.”

Furthermore, HHJ David Williams stated “it is clear from the mother’s own case that she either had or has been able to access funds of circa £30,000 in order to pay the fees of her counsel, Dr Proudman. If the payment of those fees has brought about the mother’s impecuniosity, as alleged, that cannot be a reason not to make a costs order in favour of the father.”

The Judge held that as the Mother was previously refused permission to appeal and knew the risks of having to pay the Father’s costs, there was no reason for the Father to be left out of pocket. When assessing the costs, the Judge concluded that the costs claimed by the Mother were significantly higher than the costs claimed by the Father. The Judge made reference to both fees for the skeleton arguments, noting that the Mother’s was 10 times more than the Father’s. An order for costs was ordered in favour of the Father and the full sum of£6,021 was held to be reasonable and proportionate.

Katie Spencer is a Paralegal Apprentice in Clarion’s Costs and Litigation Funding Team. You can contact her on 07741 988925 or at katie.spencer@clarionsolicitors.com.

PSG Trust Corporation Limited v CK [2024] EWCOP 14

hawamayetLeave a comment

This case concerned how a Property and Affairs Deputy should approach the issue of whether to inform P of the value of their Civil Litigation settlement in the case in which knowledge of the same may make them vulnerable.

The applicant, PSG Trust Corporation Limited, acts as the Deputy for both CK and NJ and highlighted the predicament which deputies regularly face as there is little guidance regarding informing P of the value of their settlement.  After reviewing what relevant case law there is, Hayden J set out some of the factors to be weighed in making the decision:

‘The ‘matter’ or decision is whether P wishes to request the value of her funds, and the factors relevant to her capacity to make that decision are likely to include her understanding of:

i. The nature of the information in question;
ii. The risks of obtaining it;
iii. The risks of not obtaining it;
iv. The benefits of obtaining it;
v. The benefits of not obtaining it.’

Hayden J then applied the principles to the cases before him. CK was involved in a traffic accident and as a result of her injuries has vulnerabilities. Hayden J concludes CK lacks capacity to take the decision herself but has clearly expressed her wishes that she should know the amount of the settlement, so that she can make a Will amongst other things, and therefore declares that it is in CK’s best interests to be told. NJ has been diagnosed with Cerebral Palsy and other conditions, and there was a history of financial abuse, making NJ vulnerable to exploitation. Accordingly, Hayden J finds NJ lacks capacity and that it would not be in her best interest to be told of the amount of the award.   

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