New update from SCCO on delays with COP assessments
This evening, the SCCO have circulated a further update notice on the current timescales for the assessment of COP bills. In summary: The Costs Officers are being assigned bills for…
Tag: legalcosts
“Exceptionally large increases” to solicitors hourly rates lead to a finding of special circumstances
Under the Solicitors Act 1974, a client only has an absolute right to an assessment of a solicitor’s bill if an application is made within one month of receiving the…
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New guidance from the SCCO on electronic supporting files in COP cases
We have received updated guidance from the SCCO on the process for uploading electronic supporting documents for Court of Protection assessments via the DUC [Document Upload Centre]. Please note that…
PLK and Others: What we know now…
On 30 September 2020, a judgment was handed down by Master Whalan following a hearing in the matter of PLK and Others on 26 May 2020. This case was brought…
Does P have capacity to make decisions as to his care, support and education?
In the recent case of ‘A Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56’, an application was brought by a Local Authority in respect of…
Update your CFAs now: decision may make thousands unenforceable
Understanding Belsner v Cam Legal Services is critical for anyone who acts under CFAs, and will have far-reaching consequences; check your terms
Part 36 – is it unjust to award CPR 36 consequences when the defendant does not have the money to pay? (Rawbank -v- Travelex)
This article supplements and updates one titled Consequences of Beating a Part 36 Offer: Injustice published on 12 June 2019. The case of Rawbank SA -v- Travelex Banknotes Limited [2020]…
What is classed as a net-asset?
Following the case of Penntrust Ltd v West Berkshire District Council & Anor 2020, the ambiguity of whether property is classed as a net-asset when considering a Protected Party’s estate…