Tag: cop

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.

PI Trusts and Statutory Care Funding: Clarity for Deputies

Ella WilkinsonLeave a comment

The High Court’s recent decision in CGT, R (On the Application Of) v West Sussex County Council [2026] EWHC 293 (Admin) provides important clarity for deputies managing personal injury trusts. The case arose from a judicial review challenge to the local authority’s decision to refuse to fund CGT’s care needs from July 2024 onwards and to seek reimbursement of funding provided since 2020.

By way of background, CGT was born in 1994 and suffered a catastrophic brain injury at around three months old, leaving him with severe cognitive impairment, visual impairment, epilepsy and other lifelong disabilities. He requires daily care and has lived in supported accommodation since 2013. He lacks capacity to manage his financial affairs, and his mother was appointed as his property and financial affairs deputy by the Court of Protection in 2011.

In 2012, the Criminal Injuries Compensation Authority (CICA) awarded him more than £3.5 million, including over £2.6 million specifically for future care. The award was conditional on the funds being placed into a discretionary trust for his benefit, with the Official Solicitor acting as trustee.

The local authority later refused to continue funding CGT’s care, arguing that capital in the personal injury trust counted as available resources and that ongoing public funding would amount to double recovery. The judicial review succeeded. The court rejected both arguments, holding that the decisions to cease funding and demand repayment were unlawful. It also confirmed that capital held in a properly constituted personal injury trust must be disregarded in full when assessing care funding under the Care Act 2014 and surrounding regulations.

For professional deputies, the implications are practical. A trust established from personal injury compensation does not reduce P’s statutory entitlement to care funding, even where the trust contains sums identified for future care. Deputies can manage P’s affairs in the knowledge that the existence of trust capital should not trigger withdrawal of public funding or retrospective recovery.

The judgment also narrows the reach of double recovery arguments in this context. Local authorities cannot rely on that principle to refuse or claw back statutory care funding. If duplication concerns are to be addressed, they belong at the point of settlement, in the structure of the award, or through Court of Protection oversight and not within the eligibility assessment itself. Deputies should ensure that trust documentation reflects P’s needs and that any undertakings or arrangements from prior deputies are understood, but should not assume those arrangements alter the statutory framework.

The decision is also a reminder of process. Trust capital is disregarded, but local authorities remain entitled to request information about the financial position. Deputies should provide what is necessary and accurate, without inviting a reinterpretation of the statutory test.

In practical terms, the judgment reinforces the deputy’s role in safeguarding compensation awards while preserving access to statutory care funding. Properly structured personal injury trusts remain effective protection, and local authority discretion does not displace the regulations.

If you have any questions, please get in touch with Ella Wilkinson (Ella.Wilkinson@clarionsolicitors.com) who is an Associate in the Costs & Litigation Funding Team at Clarion Solicitors, specialising in Court of Protection costs.

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.

Updated practice guidance released by the OPG and SCCO – an important reference point for professional deputies!

Ella WilkinsonLeave a comment

On 28 May 2025, the good practice guidance previously issued by the Office of the Public Guardian (OPG) and the Senior Courts Costs Office (SCCO) was updated. This guidance exists to assist professional deputies in respect of their costs estimates, preparing and submitting bills for assessment and in understanding what work can be claimed and recovered. The vast majority of the contents remain similar to the original guidance released by the OPG and SCCO dating back to 2016 in respect of the expectations from professional deputies in regards to general good practice and the SCCO’s approach to assessment, however more recent developments have now been factored in such as the use of the E-bill and the CE File system, the case of ACC and Others, the latest stance regarding post death costs and the increased hardship threshold.

This blog summarises the key points raised, to ensure that professional deputies continue act in P’s best interests and comply with the requirements of the OPG, SCCO and Court of Protection. Importantly, the guidance issued is not intended to replace existing provisions such as the relevant Civil Procedure Rules, Practice Direction 19B (supplementing Part 19 of the Court of Protection Rules 2017), the Mental Capacity Act (2005) Code of Practice, and the OPG professional deputy standards.

Principles of Good Practice

Professional deputies are entitled to claim reasonable and proportionate costs. Key expectations include:

  • Aligning costs with the value of P’s estate and the work involved
  • Delegating tasks to appropriately graded staff
  • Acting transparently and always in P’s best interests
  • Evaluating whether their continued role remains necessary as P’s situation stabilizes
  • Where deemed appropriate, deputies should be open and transparent about their charges with P’s relatives

Deputies who fail to follow this guidance may need to justify their decisions, and the OPG may take action, including applications to remove a deputy where concerns arise.

Costs Estimates

  • The OPG105 must be submitted with the annual deputyship report, and in most cases it should take no more than 30 minutes to complete
  • If billed costs exceed the original costs estimate by 20% or more, deputies must explain the discrepancy
  • Significant changes in P’s circumstances should be reported to the OPG if they will impact costs

Assessment of General Management Costs

The SCCO’s role is to assess whether claimed costs are reasonable and proportionate. Their key considerations include:

  • Hourly Rates: these must generally align with the relevant SCCO Guideline Hourly Rates (except in the most exceptional circumstances)
  • Delegation: routine tasks, such as arranging payments or bank reconciliations, should be completed by administrative staff or Grade D fee earners at best. In addition, when reviewing time claimed for delegation, the SCCO will consider if the time clamed was reasonable, proportionate, progressive and that it serves to reduce costs
  • Home Visits & Contact: usually, only one home visit per year is allowed unless justified
  • Welfare Work: these cannot be claimed under property and affairs general management costs unless the Court of Protection gives permission
  • Overheads: routine supervision, internal communication, and basic administrative tasks are considered overheads and are not generally not recoverable
  • Payment of Bills: three minutes will be allowed for payments per instance, and no further time is usually allowed for amending records to reflect payments made or advising a party of a payment processed to them
  • Financial Beauty Parades: generally, only one senior fee earner will be allowed on assessment for attending these meetings
  • File Notes: if no or little documentary evidence is supplied in support of the bill and/or particular items of work claimed, it is likely that the SCCO will disallow the costs claimed
  • Litigation Costs: the SCCO will disallow costs which could be claimed within the context of ongoing litigation
  • Draftsman’s Fees: a Grade D rate will be allowed for the preparation of bills of costs, unless in exceptional circumstances

ACC & Others Judgment

Where work falls outside of the scope of general authority for the management of P’s property and financial affairs, a professional deputy may need to apply for further authority in respect of this work and the associated costs as per ACC & Others. The full judgment can be seen here: ACC & Ors ( property and affairs deputy ; recovering assets costs for legal proceedings) – Find Case Law – The National Archives, and we have also previously prepared a blog summarising this and the practical implications for deputies which can be found here: ACC & Others – A Useful Recap – Clarion Legal Costs

Submissions of Bills of Costs & Supporting Documentation

  • Bills of costs should ideally be submitted annually for assessment, as close to the end of the management year as possible
  • Bills covering less than a year can be submitted where there has been a transfer of deputyship and the deputy intends to realign the management period dates with the new order. If this transfer is internal within the same firm, such bills must span at least six months of work unless in exceptional circumstances
  • Bills must be submitted via CE file, and can either be the traditional bills of costs set out under Practice Direction 47 CPR Part 47, or in the newer E-Bill format
  • The short form bill format is required where costs claimed are under £3,000.00 (excluding VAT and any disbursements claimed)
  • Supporting documents submitted alongside the bill should include the OPG105, deputyship report (OPG102/103), any relevant Orders made by the Court of Protection providing authority for work falling outside of the general authority, as well as evidence in support of the hourly rates claimed (client care paperwork)

Post-Death Costs and Hardship

On P’s death, the deputyship will come to an end and the jurisdiction of the Court of Protection will cease. Costs incurred post-death are not assessable by the SCCO. The deputyship order however will continue to authorise detailed assessment of costs incurred during P’s lifetime, if these cannot be agreed with the executor of the estate. If the professional deputy is also appointed as executor, a potential conflict of interest arises and a bill of costs should be submitted to the SCCO for assessment.

Where P’s estate has a value of less than £20,300.00, deputies must follow specific directions set out under Practice Direction 19B with regards to hardship. This states that in such circumstances, ‘the professional deputy for property and affairs is not permitted to apply for assessed costs; instead they may take an annual management fee not exceeding 4.5% of P’s net assets on the anniversary of the court order appointing the professional as deputy’.

Summary

The guidance aims to encourage fairness, consistency, and clarity in the way the costs of professional deputies are managed and assessed. For deputies, it reinforces the importance of transparency, efficiency, and the diligent management of P’s affairs.

Professional deputies are urged to familiarise and refresh themselves with the full guidance and relevant existing provisions to ensure that they continue to act in line with best practice expectations and requirements.

If you would like to review the guidance in full, this can be found at: Professional Deputy Costs – GOV.UK

New rules for property and affairs Deputyship applications: online submission becomes mandatory from 2 December 2024

Casey McGregorLeave a comment

Starting from 2 December 2024, legal professionals will be required to submit all property and affairs deputyship applications to the Court of Protection exclusively through the online submission portal. This change was announced by HMCTS (Her Majesty’s Courts and Tribunals Service) in an update sent out on 18 November 2024, with a clarification on 22 November confirming the correct date for the new rules.

What’s changing?

  • Previously, legal professionals had the option of submitting property and affairs deputyship applications on paper. From 2 December 2024, all property and affairs deputyship applications must be made digitally via the HMCTS online submission portal. This is part of an ongoing effort to modernise and streamline court processes. The online portal was initially launched in January 2023, following a successful pilot that began in 2021.
  • Property and affairs deputyship applications are typically filed when someone is unable to manage their own financial affairs due to incapacity, and a deputy needs to be appointed to act on their behalf. The Court of Protection oversees these applications, and from now on, the online portal will be the sole method for professionals to submit such applications.

Why the change?

  • The shift to a fully online process aims to make the deputyship application system more efficient, transparent, and accessible. Digital submissions reduce administrative burdens, speed up the process, and allow for better tracking of cases.
  • The updated Practice Direction 9H, which governs the process for property and affairs deputyships, will officially mandate online submissions for all legal professionals from 2 December 2024. Litigants in person will not be required to use the digital portal, although they are encouraged to do so if possible.

What happens if you don’t submit digitally?

  • For legal professionals, failure to use the digital submission portal after 2 December 2024 could have consequences. If an application is submitted on paper rather than digitally, the Court of Protection is unlikely to grant authorisation for recovery of the application costs from the Protected Party’s estate. This means that firms could face the financial burden of covering court fees, which would normally be reimbursed from the Protected Party’s estate.

Steps Legal Professionals should take going forward:

  1. To use the online submission portal, legal professionals must have an active Payment by Account (PBA) number. This free service allows firms to pay HMCTS-related court fees via direct debit. If your firm hasn’t already registered for PBA, it’s important to do so before the deadline to avoid any delays in submitting applications. Registration is available through the HMCTS online services portal.
  2. Legal professionals should make sure they are fully familiar with the new submission process, including how to upload documents, and complete the forms. HMCTS provides detailed guidance on how to use the online portal effectively.

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

New Fixed Costs in COP – what you need to know about PD19B and the changes

Laura SugarmanLeave a comment

This month, it has been announced that there will be an increase to the fixed costs following a revised publication of Practice Direction 19B, applicable from 1st April 2024 for COP practitioners. This is a welcome increase, given that the previous fixed costs were deemed to be outdated, particularly in light of the recent increases to hourly rates as a result of PLK, GHR 2021 and GHR 2024.

The new fixed costs are as follows:

WORK CARRIED OUTPREVIOUS FIXED COSTS ENTITLEMENT (plus VAT)NEW FIXED COSTS ENTITLEMENT (plus VAT)
Application Work9501204 
1St GM year16702116
2nd and subsequent GM years13201672
Deputy Report265 336
Basic Tax Return250 317
Complex Tax return600 Reasonable/ or three quotes (ACC)
ConveyancingMin 400 max 1670 Reasonable /or three quotes (ACC)
Interim paymentsUp to 75% of WIP, raised by way of three quarterly billsUp to 75% WIP for the year or 75% of OPG105 estimate. whatever is lower. 

The increases to most of the fixed costs represents a 26% rise from the previous available figure.

As well as the increase to fixed costs, the threshold for hardship cases has also increased. This was previously £16,000 but this has now increased to £20,300. Therefore, if P has less than £20,300 in assets, the Deputy will be unable to have their costs assessed but instead will be limited to 4.5% of P’s assets.

The changes to interim payments is a welcome shift which will help cash flow for firms, as payments on account are not limited to quarterly, therefore billing monthly may be preferred so long as the OPG105 estimate is in line with the WIP incurred.

This month has also seen an announcement regarding the increase in court fees. Following a consultation, the government has decided to proceed with increases of 10% to 172 of the 202 fees that were proposed in the initial consultation. This will directly impact COP Practitioners. The court fee for requesting a detailed assessment has increased from £87 to £96, the court fee to appeal against a COP costs assessment decision has increased from £70 to £77 and the court fee for a request to set aside a default costs certificate has increased from £65 to £72.

There has also been an increase in court fees for Court of Protection applications. These have increased from £371 to £408. The court fee for appealing has increased from £234 to £257.

It is incredibly important that COP practitioners update their client care paperwork to reflect the new fixed costs if they are sought, in addition to the new court fees.

If you have any questions about any of the above, please feel free to contact Laura Sugarman at Laura.Sugarman@clarionsolicitors.com

Can you charge interest on Deputyship costs?

Stephanie KayeLeave a comment

It is commonly questioned about whether or not interest is payable on legal fees incurred by a professional Deputy in a Court of Protection case. Interest on unpaid legal costs is governed by the Judgments Act 1838 and Section 74 of the County Courts Act 1984. It is stated that the rate applicable which a receiving party can reasonably be charging interest at is 8% on any unpaid legal costs owed by the paying party. Interest will not run on any payment of costs made on account, therefore if interim payments have been taken, interest will not accrue on those sums.

In Thomas v Bunn [1991], it was held that where a defendant is ordered to pay ‘damages to be assessed’, interest on the damages only ran from the date of the judgment or order assessing the damages payable and not from the date of the order establishing liability. As a result and applying that same logic, it’s widely accepted that interest will run in COP cases but only from the date of the Final Costs Certificate as this is the time that the amount payable is known. If the costs have not been assessed and no Final Costs Certificate has been made, interest cannot accrue.

Practically, it is an additional statutory entitlement so is in addition to the invoices already rendered, but not vatable. The party must be notified that interest is accruing.

Many firms take the view that it is not appropriate to charge interest on legal fees in COP cases where still acting as Deputy, as it would not be deemed in P’s best interests. That said, there are circumstances whereby the Deputy may expect not to receive payment for some time and therefore charging interest may be necessary, for example, pending the sale of a property to release cash assets. It is for the Deputy and the Deputy’s firm to decide whether to charge interest on the legal fees.

If you have any questions, please contact Stephanie Kaye at stephanie.kaye@clarionsolicitors.com

E-Bill FAQs – How does the new Court of Protection E-Bill work?

Laura SugarmanLeave a comment

From 1 November 2022 the COP E-Bill came into force. This will look slightly different to the Bills that COP practitioners are used to and will include some additional information including various categories and a separate part for the inclusion of P’s assets. We recently participated in a successful pilot scheme and will be submitting all Bills from 1 November 2022 in this new format.

Below are some common queries about the E-Bill and how to resolve these.

How does the Deputy or person authorised by the firm to sign on behalf of the Deputy certify the Bill of Costs?

The Deputy or authorised person is still required to certify the Bill as before. However, on the new E-Bill format the legal representative’s name can be typed or printed into the ‘Certification’ tab. Please be aware that the ‘Post Assessment Certificates’ section is only to be certified once you are requesting the Final Costs Certificate following assessment.

Where will information relating to any interim payments taken be entered?

Similarly to the PDF Bills, the E-Bill requires you to disclose any interim payments taken on account of costs for the period. This information should be entered on the ‘Certification’ tab in the first box.

How will the new E-Bill be E-filed using the SCCO portal?

The process for E-filing the Bill of Costs remains very much the same. You are still required to submit the certified Bill, Order, certified N258B and disbursement evidence as before, but use the new options on the E-filing service beginning ‘COP E-Bill’. If the Bill and N258B are not certified by an authorised person, then the submission will be rejected by the SCCO.

What will happen to the E-Bill on assessment?

Once the E-Bill is received and approved by the SCCO, it will be allocated to a Costs Officer who will review and assess in the usual way. The Costs Officer is able to make changes to the Bill where appropriate and the E-Bill will recalculate this automatically. The Costs Officer will use a series of codes and mark these on the E-Bill so that you can determine the reasons given for the reductions.

How will the E-Bill be returned following assessment?

The E-Bill now includes a contact email address section on the front sheet, which should be completed when drafting the Bill. Following assessment, the E-Bill will be sent via email to the address provided.

How should the E-Bill be served on interested parties where required?

If you are required to serve the Bill on interested parties then this should be provided to them as a PDF version of the E-Bill. Please request this from your Costs Draftsperson who would be more than willing to assist.

How can I ensure my E-Bill is compliant with new the new requirements?

There are some new requirements when using the E-Bill format that are likely to cause some minor issues if they are missed. Below are some ways in which you can assist your Costs Draftsperson in ensuring the E-Bill is ready to be submitted to the SCCO.

SCCO reference – there is a section on the front sheet that relates to the unique SCCO reference for each matter. This can be inputted prior to submission to the SCCO to help avoid any rejections based on the matter already existing. Please provide the SCCO reference to your Costs Draftsperson if known.

OPG105 estimated costs – there is an increased emphasis on providing the OPG105 estimated costs for the period when using the E-Bill. Please provide the OPG105 costs estimate to your Costs Draftsperson so that this can be included in the Bill.

P’s assets – the E-Bill now includes a specific section relating to P’s assets so that the Costs Officer can consider these. Please provide this information to your Costs Draftsperson and they will include it in the Bill accordingly.

Fee earner rates – please provide a breakdown of the fee earners who have worked on the matter and their date of professional qualification so that these can be included in the Bill.

Amendments – if you require any amendments to the E-Bill please consult your Costs Draftsperson. The E-Bill uses complex algorithms to calculate the totals within the Bill and any changes made could affect these and corrupt the Bill. We therefore recommend that you ask your Costs Draftsperson to make any amendments you require, rather than attempting this yourself, as it could cause issues with the E-Bill later down the line.

The introduction of the COP E-Bill will revolutionise the COP sector and should have a positive impact on assessment times and also result in less administration time following assessment, as the Bill is automatically recalculated in this format.

Additional information on E-Bills can be found here: https://www.judiciary.uk/guidance-and-resources/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 the Costs and Litigation Funding team at costs.support@clarionsolicitors.com

Requirements for the electronic file of papers

Casey McGregorLeave a comment

Once you have e-filed your bill of costs, you should receive an email of acceptance from the SCCO, which requires you to file your papers in support within 28 days of receipt of the acknowledgement. A file of papers is required by the SCCO for assessment, be it a paper file or a PDF file, this is so the Costs Officer can review the evidence of all work done in order to carry out their assessment, alongside the bill of costs. You have to select electronic bundle rather than the paper file when you are e-filing the bill of costs so that the SCCO know what file format to expect.

Electronic files of papers are only recently accepted, but as a result of the SCCO’s outdated software, they have particular requirements surrounding how it should be submitted. For that reason, if you are submitting an electronic file of papers, it is required to be an e-bundle.

The guidance received from the SCCO states that it needs to be in PDF format, ideally with an index at the front so the SCCO can easily navigate. The SCCO specifically request that the uploaded files should be in the following format:

  • The file must be named with the SCCO case reference e.g. SC-2020-COP-001234 and the protected party’s surname.  If the bill is for General Management, please include the period covered.
  • All documents should be in chronological order from the oldest to the newest. Ideally, you should include an index and hyperlink.
  • If you upload your papers as more than one file, each file should be labelled so that the contents can be clearly identified by the Costs Officer e.g. SC-2020-COP-001234 file 1- Jan-Mar, SC-2020-COP-001234 file 2 – Apr-May.
  • The OPG102, OPG105, the client care letter and any invoices for disbursements or counsels’ fees should appear at the start of the file.

There are various different bundling software packages that are available to prepare your e-bundle, an example of a software that can be used is Bundledocs.

Please find the link for the HMCTS Document Upload Centre – Professional Users Guide for further information:

Click to access Document-Upload-Centre-user-guidance.pdf

If you have any questions, please do not hesitate to contact Casey Mcgregor at casey.mcgregor@clarionsolicitors.com