James Rees of A & M Bacon looks at the factors that may influence when you can apply for an enhanced hourly rate for your work
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.
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 Office of the Public Guardian has published new guidance concerning travel costs that can be claimed by deputies.
It follows amendments to practice direction B to part 19 of the Court of Protection Rules, made in April 2017, that introduced a new provision allowing public authorities and other third sector deputies to claim a fixed amount for travel costs (paragraph 21).
The Guidance sets out the deputies duties, what travel costs might be covered and how to calculate them.
It also makes clear that it is a general guide only, setting out their interpretation of what counts as a reasonable claim: the Court of Protection is the ultimate arbiter.
You can read the Guidance here
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