Tag: COP Bill of Costs

Update from the SCCO on the COP-E Bill

maidiedeightonLeave a comment

Please see below an update released by the SCCO on the extension to the cut-off period to accepting version 1 of the COP-E Bill.

Following the publication of COP-E Bill version 2.0, a minor error was detected in the filtering functions on the summary sheets and print detail sheet where information from the ‘example data’ COP-E Bill was still visible in the filter dropdowns. The SCCO have advised that this does not affect the workability of the previously published Version 2. The SCCO will continue to accept any bills where the earlier copy of Version 2 was used.

The cut-off date for when Version 1 will no longer be accepted has been extended to 6th November 2023. From this date, only V2.0 and V2.1 of the COP-E Bill will be accepted.

Any version 1 electronic bills must be submitted prior to 6 November 2023. The SCCO have confirmed that only V2.0 and V2.1 of the COP-E Bill will be accepted after the extension date.

Impact for You

The changes outlined in the update are minimal and they are more for the attention of the costs draftsman when preparing E-Bills. The team at Clarion are aware of all of these changes and these will all be implemented going forwards.

The main changes that you should be aware of are outlined below:

  • Front Sheet – there is now a box to include the DX address of the firm. This can be added in if applicable to you, however if you do not have a DX address, this can be left blank.
  • Bill Detail – The activity name for Letters/Emails out on Tab 6 has been amended to be grouped together.
  • Activity Summary – Tab 8 shows a collective summary of how much work has been done by each fee earner grade. 
  • Certification – Tab 11 now shows two titles which are ‘Pre-Assessment Certificate’ and ‘Post-Assessment Certificate’. Please note that the pre-assessment certificate should be completed prior to filing and the post assessment certificate is only to be completed when applying for the Final Costs Certificate.

The version of the bill can be seen in cell A1 on Tab 1 of the bill.  At Clarion, we are now producing V2 of the bill in anticipation of the new deadline, so any bills received from us will have V.2 in this cell.  

It is essential that bills follow the template and guidance notes in force at the time, as any which do not will be rejected. We have ensured that all updates have been carried out and so all of our bills prepared will be prepared under the new format.

How to access the approved template?

The updated copy of the template (Version2.1) is now available on the Judiciary website.

Electronic bills in Court of Protection cases – Pilot in the Senior Courts Costs Office

You can find out more about our services here or you can contact Maidie Deighton at Maidie.Deighton@clarionsolicitors.com for further information.

The Process of a Request for Reassessment

Stephanie KayeLeave a comment

Unlike any other area of law, there is a process regarding Court of Protection assessments that is not in any written case or law, however a spoken arrangement passed down by Costs Judges in order to save judicial time – the Request for Reassessment.

What is it?

Once a Court of Protection Bill of Costs has been assessed at the SCCO, there may be various reductions made that you would not agree with, whether that be a reduction to your hourly rate, time spent liaising with P that was deemed ‘too excessive’ without any reference to case law or document reviews that were ‘unnecessary’. There is a chance to appeal this with the correct justification, prior to arranging a hearing.

It came about following a review of the appeal process by Master Haworth, as only oral hearings, which are expensive and time consuming were used for appealing amounts of time which did not justify the use of the process. Often the cost and time spent in an appeal outweighed any proportionate benefit.

Upon reviewing the assessment, if you are unhappy with it, you can lodge a request for reassessment with the SCCO.

The process for the request for reassessment is as follows:

  • If you are unhappy with the outcome of the assessment, you can request a reassessment within 14 days of the original assessment.
  • The Bill of Costs is returned to the Costs Officer who undertook the initial assessment for reconsideration in respect of the issues requiring reconsideration.
  • The Costs Officer will generally accept where they have made an error. They base their assessment on the points raised before them, so these points need to be justified and they need to have all of the facts to make an informed decision. It is not worthwhile to simply disagree with their approach – you need to explain why you disagree with particular reductions and on what grounds they should increase the amount allowed.
  • The assessment will be reconsidered on paper and returned to you with additional comments following the Costs Officer’s reassessment.
  • If you are still unhappy with the assessment, you can proceed to an oral hearing before a Costs Master; but be aware that this can be an expensive and timely process.

Here at Clarion, we are more than happy to review any assessments and consider an appeal; we can also lodge the request for reassessment on your behalf. Please get in touch with a member of our Costs Team to find out more.

Joshua Sidding is a Paralegal in the Court of Protection Team of the Costs and Litigation Funding Department at Clarion Solicitors. You can contact him at Joshua.sidding@clarionsolicitors.com and 0113 222 3245, or the Clarion Costs Team on 0113 246 0622.

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