Tag: Court of Protection Costs

Guideline Hourly Rates in the Court of Protection

Laura SugarmanLeave a comment

As you may be aware, the Master of the Rolls has accepted the recommendations of the Civil Justice Council Costs review. As per the recommendations, the Master of the Rolls has confirmed that ‘the 2021 Guideline Hourly Rates will be uplifted for inflation from 1 January 2024 in accordance with the Services Producer Price Index.’ The guideline hourly rates will then be uplifted annually by the Services Producer Price Index.

The new hourly rates are as follows:

The increase is approximately 6-7% depending on your geographical location.

What impact will the new Guideline Hourly Rates have on Court of Protection?

The new guideline hourly rates will come into effect from 1 January 2024. In order to ensure that COP Practitioners are able to claim these within bills, it is imperative that all retainer letters and client care letters are updated to reflect the new hourly rates. Without this paperwork, the practitioner will be unable to claim the new hourly rates as they would be in breach of the indemnity principle.

The indemnity principle states that ‘a successful party cannot recover from an unsuccessful party more by way of costs than the successful party is liable to pay his or her legal representatives’. When applied to Court of Protection costs, this means a Deputy cannot claim costs higher than those stated in their client care letter or retainer letter. Therefore, we recommend that all paperwork be updated to reflect the new guideline hourly rates in advance of 1st January 2024.

Please be aware that the retainers cannot be backdated, and therefore the rates cannot be claimed prior to 1 January 2024. It is also the case that if the client care letters are updated post 1 January 2024, the guideline hourly rates cannot be claimed prior to the date of the updated client care letter.

If you have any queries you can contact Laura Sugarman at Laura.Sugarman@clarionsolicitors.com for further information.

Summary of the updates from the SCCO regarding COP Assessment Delays

Stephanie KayeLeave a comment

Yesterday, the SCCO have released a further notice in relation to the ongoing delays with COP assessments.

In summary, turnaround is as follows at present:

  • Bills received at the beginning of March are currently being assessed
  • The Admin Team are processing the return of assessed bills received back from the Costs Officers in the first week of August
  • New filings for assessment received from the second week of August are being considered for acceptance/rejection
  • Certificate request filings received in the second week of August are currently being reviewed and actioned

Please see the link below for the full notice released:

Notice-to-COP-Customers-22-August-2022Download

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

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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The importance of being organised

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As you are all aware, organisation rules the world!

This is a very important point when you are preparing your files to send to your Costs Draftsman. An untidy or incomplete file can be a nightmare for both the Client and also the Costs Draftsman in terms of completing your Bill of Costs. The assessment process can be slow, but organisation and complete files can help to prevent unnecessary delays.

Your checklist

A simple checklist assists both you and the Costs Draftsman when sending your file for costing.

We require:

  • your file of papers;
  • your time ledger;
  • your Court Order and any other relevant Orders;
  • a letter of instruction;
  • details of disbursements; and
  • details of fee earners who have worked on the matter.

If information or files notes and correspondence are missing from the file, and cannot be deciphered from the ledger, the file cannot be completed without further assistance from the fee earner.

What should you provide?

Clarion’s Costs Team pride themselves on the turnaround time and the quality of the work produced.

To enable us to do the best possible job, we need as much information as possible from you to paint a picture of the case for the Senior Courts Costs Office. This requires a complete file of papers with evidence for all work done. If we have all information and papers from you, we are able to prepare the bill of costs quicker for submission to the SCCO. It goes without saying that as Deputies, you are all extremely busy, but an extra ten minutes to ensure completeness of your file can save a lot of lost time and unbilled WIP.

It can also be a huge assistance to us if a brief synopsis of your case in your letter of instruction is provided. We will go through your file of papers page by page, but we will never know as much about your cases as you will. The Costs Draftsman can then use this as the basis for the narrative in your Bill of Costs. We will also have a better understanding of what sort of matter we are costing and the complexities throughout, which can be relayed throughout the Bill of Costs for the Costs Officer’s attention.

It is vital that travel disbursements and Counsel’s fees are included in the Bill of Costs. Counsel’s fees must be assessed, so ensure that you have an agreement in place with any Chambers about potential short fall fees from the outset.

Following the recent decision in PLK & Ors, it is essential that your charges do not breach the Indemnity Principle. If there are any retainer letters or fee agreements for your case, we need to know about them. The increased hourly rates can only be applied if your authority allows you to claim them. It’s vital that you are within your OPG105 estimate too, to prevent being penalised on assessment.

How we can help

Clarion Costs Team is on hand to guide you through the billing process and if you are unsure of anything, please contact us via telephone or email, and we will do our best to assist you.

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

Client care and the indemnity principle in Court of Protection

Stephanie KayeLeave a comment

Stephanie Kaye, senior associate and Laura Gillin, associate at Clarion discuss the issues arising in respect of the indemnity principle following the decision of PLK & Others, client care requirements and what deputies need to do to recover the higher hourly rates.

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

The Deputyship Standards

Laura SugarmanLeave a comment

The Deputyship standards have been developed with both professional and public bodies and form an important view of the new approach to support and supervise professional and public authority Deputies. The Deputyship standards clearly set out what is expected of a professional Deputy and provide an important checklist of actions every Deputy should follow. The Deputyship Standards are set by the Office of the Public Guardian.


The standards fall into the following categories; secure P’s finances and assets, gain insight into P in order to make best interests decisions on his behalf, maintain effective processes and organization, have the necessary skills and knowledge to carry out the work expected of a professional Deputy and finally, health and welfare standards.


In terms of securing P’s finances and assets, clear guidance is set out outlining the Deputy’s duty from receipt of the Deputyship Order with respect P’s assets and liabilities. The Deputy is required to carry out a benefits review and ensure that benefits and savings reviews are carried out on behalf of P annually. Guidance is also provided regarding P’s property whereby they no longer reside in the same. A Deputy is required to carry out a property inspection once a year to ensure the property is safe and secure and should also complete an inventory of contents confirming the total value of the same. If P does still reside in his property, the Deputy is required to review the suitability of the property and consider the rent/mortgage payments to ensure all was in order.

The Deputy is required to gain an insight into P in order to make best interest decisions on their behalf. In order to do this, the Deputy should ensure the necessary capacity assessments have been undertaken and are completely up to date. The Deputy should also discuss P’s wishes and feelings and record details of these appropriately. The Deputy must also maintain regular contact with P and his family and visit P once a year.
By maintaining effective processes and organization, the Deputy must establish clear and effective governance between the named Deputy and staff delegated to carry out the relevant tasks on behalf of P. Necessary supervision should also be given to more junior members of staff and the necessary criteria must be considered whereby a best interests decision is required.


The Deputy must have the necessary skillset and knowledge to carry out the work expected of a professional Deputy. This includes ensuring that the Deputy and all delegated members of staff understand the MCA the Code of Practice and the five statutory principles of the MCA and how they are applied within working practices. The Deputy is required to have sufficient knowledge surrounding inheritance tax provisions and have access to appropriate advice and expertise on the same. Also, the Deputy should have access to appropriate advice and expertise regarding tax returns. Furthermore, should any family conflict arise, the Deputy should have awareness of or experience in managing mediation. Without this, a Deputy would not be able to act in the best interests of P and carry out the necessary work at the level expected of a professional Deputy.


Health and welfare standards only apply to those Deputies who hold a health and welfare Order or both a property and financial affairs and health and welfare Order. Standards include, if DOLS is in place, the Deputy must ensure that this is current and up to date. A Deputy must also ensure that a health assessment or review is carried out every year. It is also necessary for the Deputy to keep all professionals involved within P’s care fully updated with respect all matters.


It is imperative that the Deputy follow these guidelines and adhere to the Deputyship standards. These ensure that the Deputy is acting in the best interests of P. In order to ensure that the Deputy is following these standards, regular assurance visits will be carried out. If a Deputy is found to be not following the standards, an action plan will be agreed and put in place in order to address and rectify any of the areas where improvement is required.


Laura Gillin is an associate in the costs and litigation funding team at Clarion. You can contact her at laura.gillin@clarionsolicitors.com or on 0113 227 3631.

Lockdown Lowdown- Master Haworth

Stephanie KayeLeave a comment

This blog forms part of a series of weekly interviews with several professionals during lockdown. It aims to inform Deputies and their teams about how each organisation within the field of Court of Protection has adapted to Covid-19. Our second participant for Lockdown Lowdown is Master Peter Haworth from the Senior Courts Costs Office.

  • How has the SCCO adapted to lockdown?

I originally thought we wouldn’t cope very well at all, and thought we would lock up shop at the SCCO, but that hasn’t happened. It’s not just skeleton staff, but staff working from home and a team in the office on a very detailed rota. We have a dedicated COP team of at least 5 people in today and 6 people in tomorrow, so we are finding ways to continue whilst respecting social distancing. We have managed to obtain laptops which have been given to Costs Officers so, in addition to the team in the office, Costs Officers are dealing with work at home. We have 8 Costs Officers and all 8 of them are working, be it remotely or from the office and the people in the high risk category are having work delivered to them as opposed to collecting it themselves. The team really have worked hard to adapt and I’m tremendously proud of them. The judiciary are also getting on surprisingly well in lockdown. We’ve had a number of Zoom and Microsoft Teams calls which have been very successful, and it seems that the judiciary has moved on 50 years in 2 weeks. I don’t think we will ever go back to ‘normal’ and I suspect that, going forward, we will continue to work in this way wherever it is appropriate to do so. The Senior Costs Judge doesn’t want things to grind to a halt so, wherever possible, we are dealing with things via Skype, Zoom and Microsoft Teams. I’ve had 2 full-day hearings for two substantial costs matters and it works well. I’m fixing more Microsoft Teams meeting where I hope to take live evidence, which is something that I would not have thought possible. With COP work, one of the benefits of the e-filing system that was introduced in January is that I can access this sitting at home, pick up cases and deal with them without too much difficulty. Where I need papers, the majority are being sent to me via the local County Court using DX and I pick them up from there. Also, in COP, I have had a couple of Costs Officers who have said that provisional assessments have not been accepted, and the solicitors have requested an oral hearing, so I’ve been able to simply access the file using the e-file system and list them without delay. The Costs Masters meet virtually on a Friday morning to discuss work loads too, which is useful. We’ve had one Master off ill, but others have picked up the work in his absence. I thought it might be a prolonged holiday for us all but that’s not happened!

  • What impact do you think this will have on turnaround?

You won’t believe this but, whilst I’ve parroted on, I’ve had an email with an update so I have the exact figures, hot off the press for you! As of the 27th of April 2020, straight from the horse’s mouth, we have 656 cases in the office up to 7 weeks old, awaiting assessment. We have a further 257 waiting for supporting papers from the solicitors which have been e-filed and accepted and a further 464 in the e-filing queue waiting to be processed by the e-filing team. Essentially, we have a backlog of 1,200 cases. I’m not holding anything back from you, so hopefully you can appreciate the full picture. We have one Costs Officer who has been ill and there are 10 cases awaiting collection from them. In addition, we have 195 Final Costs Certificates waiting to be authorised, which are being prioritised at the moment above the assessments. We are in a position to deal with things at home, but the bottleneck is the admin team processing the e-filing. We are working with a 50% admin team in the office due to social distancing measures, so that is where the difficulty lies in the administration of all of those cases. I would hope that, once the rules are relaxed, we will have a full team in the office again. We have seen turnaround a lot worse than this, but I appreciate even more so as a former solicitor that cash flow is king, and I’m the first to understand that. If there is anything we can do to push this through, we will. E-filing proved to be a lot more complicated than anticipated and it has slowed things down, for which I sincerely apologise on behalf of the office.

  • Has the SCCO learnt anything so far from the pandemic?

We can work virtually and electronically, rather than with high chairs and quill pens! We will have to put it all together when we get back to normality and find a new way of working. I think that the lockdown experience will provide more benefits in the years to come and, to my mind, we will move forward a lot quicker now. The majority of firms don’t work with paper files anymore so, as night follows day, it must mean electronic files move up the queue for COP, but I don’t know what the timescales are for that. We have trialled this and the Costs Officers were happy to access the solicitors’ system to carry out the assessment but, for this to be successful, there will have to be protocols and security measures. Provided we can meet those, it will move forward. There is also the electronic bill which you know about (Stephanie Kaye and Andrew McAulay are part of the committee preparing a COP electronic bill). COP will not need the same level of complexity as the current electronic bill for inter partes work, so I would hope to see an electronic bill in motion by the end of this year, or early next year and the the rest will follow. So many questions will be up for grabs and only time will tell, but I’m sure the real impact will be known when we get back. It will push us out of the Victorian times and move us into the 21st century.

  • Have there been any regular issues with e-filing that Deputies should be aware of?

The hiccups have been loading it all up in the first place. With no electronic bill, it’s having to be scanned into the system and a paper copy prepared for assessment, then scanned back out to the solicitor. All the extra admin had meant that the bottleneck was even worse. Although the bill will have to be scanned to obtain a copy, the Costs Officers are sending a paper copy back to the solicitor after assessment and, from that point in time, the solicitor can electronically obtain the Final Costs Certificate. I hope this will solve some of the issues but this will be an ongoing problem, until the introduction of the electronic bill. From my own experience, the electronic bill is so much easier and it will speed up the process considerably in COP cases.

  • Is the SCCO still available by telephone?

Yes, they are answering the phone. You might have to wait a little bit longer due to fewer people in the office, but there are Cost Officers and Clerks available. If they can’t answer the query, they will email the Master who might email the representatives directly, which is speeding things up. Providing they are accredited legal representatives and not parties, I am more than happy to work in this way, as are my colleagues.

  • We’ve already touched on this, but do you think there will be a move to electronic files of papers for assessment in the future?

Yes. This is not in the public domain, but all I can say is that there is some movement towards a sort of ‘bundle bank’, which would mean that the SCCO is able to access an electronic bundle to carry out an assessment, rather than interrogating the solicitor’s system, which has been trialled already. That’s something that is being considered, and I’m sure lockdown will accelerate moves to electronic working.

  • The MOJ invited the panel of professionals last year to comment on several areas, including consistency of reductions on assessments. Is it likely that the SCCO will update its guidance for Costs Officers and professional Deputies to help with more consistent assessments?

We will wait and see what the responses are from the MOJ on that point. We can then take a fresh look at the guide knowing the full picture. Obviously, any move to the electronic bill or electronic files of papers will mean that the guide is updated too. It will be a work in progress.

  • What is the plan for your retirement?

I’ve done COP work in practice for many years. In 2006, I joined the SCCO and I couldn’t have been handed this work any quicker. I’ve worked almost exclusively from 2006 until last year or the year before on COP. Master James and Master Whalan will deal with COP after I retire. I think the senior judges would like all costs judges to deal with every aspect but in my mind, COP is specialist and you have to know what you’re doing, so I think it’s best kept with 2 or 3 judges. As for my retirement, I had planned to go on the 30th of September but in light of the current situation, I may find myself here until Christmas. The plan is to do more of what I enjoy, including sailing and hot air ballooning. A lot of my ballooning is abroad so I suspect even after lockdown, there will be difficulties with this. I might have to stay in the UK, although it’s tremendously difficult to fly a balloon in British weather! In 2021, I plan to take part in a balloon event across the English channel. I’ve done it once and I’d like to do it again – it’s much quicker than the ferry!

  • How have you been keeping busy during lockdown?

I felt that staying in a flat in London wouldn’t be ideal so I’ve come back up north. I’ve spent more time with Mrs Haworth than I have in the last 15 years! The north is a pretty part of the world so, when I haven’t been working, I’ve been out walking or doing things in the garden, albeit my work in the garden mainly involves supervising Mrs Haworth!

  • What are you most looking forward to after lockdown?

Meeting friends and going to the pub!!

Clarion would like to thank Master Haworth for taking part in Lockdown Lowdown. He and the SCCO continue to work extremely hard to service Court of Protection Costs work during this time. Coming up in the series, we will be hearing from Francesca Gardner from Kings Chambers and Ria Baxendale from the OPG. If you would like to suggest another interviewee for Lockdown Lowdown, please contact Stephanie Kaye at stephanie.kaye@clarionsolicitors.com or call 0113 336 3402.

 

 

Court of Protection Court Fees: An Update

Laura SugarmanLeave a comment

In order to have a bill of costs assessed, it is necessary to pay a Court Fee to the Senior Courts Costs Office (SCCO). Depending on the type of the bill, the fee amount varies. Currently, within the Court of Protection, the cost to have a bill assessed is £225 for a detailed bill and £115 for a short form bill of costs. A short form bill is a bill with profit costs up to £3,000 and a detailed bill of costs is a bill with profit costs above £3,000.

From the 22nd July 2019, these fees are due to change. By way of The Court Fees (Miscellaneous Amendments) Order 2019 there is due to be a reduction to the Court Fees due to have a bill of costs assessed. S4 (3)(a) of the Act states that the fee for filing a bill of costs to be assessed will be £85.00. This is dramatic change within the rules and something that will affect all professional Deputies who wish to have their bill of costs assessed, making it cheaper to do so.

The most significant aspect of the Act is that going forward, there will be no distinction between fees for filing short form and detailed bills of costs. As stated, this will be taking place from the 22nd July 2019 and so all professional Deputies should be aware of this when sending any bills to the SCCO to be assessed on or after this date.

There will also be changes made to application, appeal and hearing fees for all Court of Protection matters. These can be found in s3 The Court Fees (Miscellaneous Amendments) Order 2019.

 

Court of Protection Costs – Types of Assessments for your Costs.

Stephanie KayeLeave a comment

The previous blog in this series focused on the process of what goes into a Bill of Costs in the Court of Protection world. This blog will instead look at the process of an assessment in the Court of Protection and the different types of assessment that can occur.

Firstly, authority for the cost’s assessment must be established, as all Orders as to costs are at the discretion of the Court of Protection. There are three main methods of evaluating costs; agreed costs, fixed costs and summary/detailed assessment of Costs.

  • Agreed Costs

These kinds of costs Order are not regularly available in Court of Protection cases. As a principle, all bills of costs must be assessed, except where fixed costs are available. However, the Court may authorise parties to agree costs, where appropriate to do so. This is often used upon the death of a Protected Party whereby the Deputy is expected to agree costs with the Executor of the estate.

  • ­Fixed Costs

­Found within Practice Direction 19B, fixed costs are available to solicitors and professionals acting as Deputy. The general rule is that costs of the proceedings should be paid by P or charged to their estate, but this rule can be departed from.

In Cases where fixed costs are not appropriate, professional Deputies may, if preferred, apply to the SCCO for a detailed assessment of costs. However, this does not apply if P’s net assets are below £16,000. In these cases, the option for detailed assessment will only arise if the Court makes a specific order.

  • Detailed Assessment

The detailed assessment of costs under Orders or Directions of the Court of Protection is dealt with in accordance with the Civil Procedure Rules. Professional Deputies should lodge a request for detailed assessment with the SCCO (not the Court of Protection or the Office of Public Guardian) using the N258B (request for detailed assessment), accompanied by:

  • The bill of costs;
  • Documents giving the right to detailed assessment;
  • Copies of all the orders;
  • Fee notes of counsel or experts;
  • Details of other disbursements;
  • Postal Address of any person who has a financial interest in the outcome of assessment;
  • Relevant assessment fee (£115 or £225);
  • The OPG105 (if applicable).

Part 27 of the Practice Direction 17.2(2) states that cases over £100,000.00, complex or other cases are to be dealt with by a Master. The relevant papers in support of the bill must only be lodged if requested by the Master.

Once the bill of costs is lodged in the correct manner, the Costs Officer will review the bundle of documents and assess the costs. The Costs Officer will review the bill of costs alongside the files of papers and decide whether costs have been reasonably, necessarily and proportionately incurred, making reductions, where necessary based on relevant case law and judicial decisions. The bill of costs is thereafter returned to the Deputy for consideration.

Clarion can also assist with requests for reassessment if the outcome is not as expected. If you would like further information about this process, then please do not hesitate to get in contact.

You can also take advantage of our free telephone advice service – available outside of office hours – by calling 07764 501252.

The Senior Court Costs Office Guide – how to get paid for your work!

Stephanie KayeLeave a comment

A recent publication of the Senior Courts Cost Office Guide was produced as a result of various changes in the way legal costs are being assessed. However, in respect of Court of Protection costs, not a great deal has changed since its inception. As a result, the 2018 guide brings the perfect opportunity to review the position on Court of Protection costs, getting paid for your work and the rules to follow.

Initially, Section 25 of the Mental Health Act 2005 created the weight of the Court of Protection, which protects the property and financial affairs of persons who lack the capacity to manage their own.

There are three methods for recovering your costs; Agreed costs, Fixed costs and Summary Detailed Assessment of costs.

Most Orders will contain a clause entitling the professional Deputy to be paid for the work undertaken. It will provide the option of taking fixed costs or having the costs assessed, subject to the terms of the Order.

Agreed Costs

As set out in the Guide, Agreed Costs are not generally available and would only be necessary in the circumstances that fixed costs do not cover the work undertaken and it would not be appropriate to undertake a costs assessment. For example, following the death of a Protected Party, they are often required to attempt to agree their costs to bring the matter to a smooth conclusion.

Fixed Costs

Practice Direction 19B supplementing Part 19 of the COP Rules 2017 sets out fixed costs that may be claimed by Solicitors and office holders in public authorities acting as Deputy for the Protected Party. However, the Court has the discretion to apply the rules to other professionals such as accountants and case managers acting as Deputy. The general rule is that the costs of the proceedings should be paid by the pp1 or their estate unless a Court Order provides for an alternative. Where a Court Order or direction provides for a detailed assessment, the Deputy can choose to take fixed costs in lieu.

Detailed Assessment

Professional Deputies should lodge a request for Detailed Assessment with the SCCO by way of N258b form. Accompanied by:

  1. the Bill of Costs
  2. the document giving right to Detailed Assessment
  3. copies of the Court Orders
  4. any fee notes of Counsel and/or expert as claimed within in the bill
  5. Written evidence of any other disbursement exceeding £500
  6. The relevant lodgement fee (currently £225.00 for detailed bills over £3,000, £115.00 for short form bills under £3,000)
  7. A copy of the OPG105 relating to the time period claimed within the Bill of Costs

In cases with costs exceeding £100,000.00, they are to be dealt with by a Master, and the relevant papers in support of the bill must only be lodged when requested.

It should be noted that, unlike litigation costs, a Court of Protection bill MUST NOT be filed electronically.

Once the assessment has taken place, you have 14 days from the date of receipt of the assessed bill to raise an appeal if dissatisfied. If following the review, you remain dissatisfied at the outcome, the SCCO will arrange a date for a oral hearing before a Master. In practice this is usually by telephone or letter.

After completion of the assessment, the Professional Deputy must complete the bill summary on the bill certifying the castings as correct, returning the original bill to the SCCO to enable them to issue the Final Costs Certificate, which is your authority to be paid.

Payments on account

Section 6 of the COP Practice Direction 19B states that Professional Deputies who elect for detailed assessment of the annual management charges can take payments on account for the first, second and third quarters of the year which are both proportionate and reasonable to the size of the estate. The interim bills must not exceed 25% of the estimated charges, so no more than 75% for the annum. The details of the interim bills received must be outlined within the Bill of Costs submitted to the SCCO.

If you require any further information, please contact bridie.sanderson@clarionsolicitors.com or call me on 0113 336 3350