Sector · Court of Protection
Costs support for professional deputies, solicitors and families in Court of Protection matters, including deputyship costs, fixed costs and detailed assessment.
Qualified Costs Lawyers, regulated by the Costs Lawyers Standards Board (CLSB), supported by experienced Costs Draftsmen.
Court of Protection costs are usually paid from the funds of the person who lacks capacity, which makes accuracy, transparency and proportionality especially important. Professional deputies and their firms must choose between fixed costs and detailed assessment, keep records that support their claims and meet assessment requirements. We help deputies present their costs clearly and help with disputes where costs are questioned.
Complex matters
Deputyships for people with significant compensation awards, property portfolios, care arrangements or family disagreements can generate substantial costs. Contested applications, statutory wills and disputes with family members add further complexity. We help firms decide whether fixed or assessed costs are appropriate, prepare Bills that explain the work done for the protected person and deal with points raised on assessment.
In property and affairs proceedings, the general rule in the Court of Protection Rules is that costs are paid by the protected person or charged to their estate. In health and welfare proceedings, the general rule is that there is no order as to costs.
The court can depart from those rules, for example where a party’s conduct justifies it. Understanding which rule applies, and when departure may be argued, is the starting point for any costs advice.
Professional deputies may be able to claim fixed amounts for certain work under the relevant Practice Direction, or instead have costs assessed. Fixed costs offer certainty and speed; assessment can reflect complex work more fully.
The right choice depends on the nature of the deputyship and the work done in the period. We review time records and help firms decide which route reflects the work fairly.
A deputyship Bill should explain the protected person’s circumstances, the decisions taken and why the work required the grade of fee earner who did it. Routine administration should not be charged at partner rates.
We prepare Bills for annual assessment, check that VAT and disbursements are treated correctly and help firms keep records that make future assessments smoother.
Costs may be questioned by family members, the Office of the Public Guardian or a later deputy. Where the amount or reasonableness of costs is disputed, a clear account of the work and its benefit to the protected person is essential.
We assist with responses to queries and with assessment proceedings, keeping the protected person’s interests and the cost of the dispute itself firmly in view.
Good records are the single most effective way to protect a deputy’s costs. Time entries should state what was done, why and for whose benefit, and should separate routine administration from work requiring legal judgement.
We can review a firm’s recording practices and suggest simple changes that reduce assessment queries, speed up recovery and give families greater confidence in how the protected person’s money is being spent.
Frequently asked questions
In property and affairs matters, the general rule is that costs come from the protected person’s funds. In health and welfare matters, the general rule is no order as to costs.
Yes, for certain categories of work under the relevant Practice Direction. Alternatively, costs can be assessed, which may suit more complex deputyships.
Assessment is carried out by costs officers in accordance with the Court of Protection Rules and the relevant practice directions.
Concerns can be raised, and costs remain subject to assessment where applicable. Advice should be taken on the appropriate route in each case.
This page provides general information, not advice on a specific case. Rules and figures change, so check the current position for your matter. Contact our team to discuss it.
Rules and further reading
Other sectors: Personal injury, Clinical negligence, Housing disrepair, Commercial litigation, Industrial disease, Professional negligence, Employment tribunal.
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