This month, Paul Cruickshanks, Head of Court of Protection at A&M Bacon Ltd, identifies the Top 10 most common reductions made by the Senior Courts Costs Office when assessing Court of Protection costs and suggests ways to mitigate these reductions.
Interim practice guidance relating to serious medical treatment applications issued by Mr Justice Hayden
Mr Justice Hayden, Vice President of the Court of Protection, has issued practice guidance which sets out the procedure to be followed "where a decision relating to medical treatment arises and where thought requires to be given to bringing an application".
The Ministry of Justice has launched its long awaited refund scheme for a range of civil, magistrate, insolvency and Court of Protection fees. The implementation of the scheme follows a 2018 review where the Ministry "discovered fees in certain proceedings had been unintentionally set above cost". There are also somer fees that should not have been charged at all.
Anyone who believes they paid too much for some court services between 22 April 2014 and 31 March 2018 can now apply for a refund via the MoJ website.
The Court of Protection fees falling within the scheme are set out below (taken from the MoJ guidance)
Over-charged: fees that were charged more than the cost of the service
Mischarged: where the wrong fee was charged or should not have charged at all
In the first of some regular pieces on costs in the Court of Protection, provided by A&M Bacon, Paul Cruickshanks provides an outline of the new e-filing procedure in operation from January 2020.
The latest Family Court statistics update reveals that there were a record number of applications and orders made under the MCA between July and September. 9,407 applications and 12,216 orders were made, up 19% and 34% respectively, making it busiest quarter for such work since these statistics have been made available. 26% of the orders related to the appointment of a deputy for property and affairs.
Other key figures in the report are as follows:
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