Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48

Application to determine whether the P's property was included in 'net assets' when deciding whether or not her net assets were above or below £16,000. The court ruled that the property is included in net assets.

Practice Direction 19B provides for fixed costs in the Court of Protection. There is specific provision in the Practice Direction "where the net assets of P are below £16,000." The option for detailed assessment of costs for such estates "will only arise if the court makes a specific order." The issue here was whether net assets included the value of the P's house which had been valued in excess of £300,000. If it was, the panel deputy could seek SCCO assessment of its costs.

The court held that "net assets" for the purposes of PD19B as applicable to professional deputy costs for remuneration periods ending on or after 1 April 2017 should be understood to have its ordinary meaning of "total assets less total liabilities." P's occupation of property does not exclude it from the quantification of assets for the purposes of the Practice Direction.

​Read the full text of the judgment on Bailii