Costs and expenses in the Court of Protection

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Costs and expenses in the Court of Protection
  • Application fees
  • Medical certificate fees
  • Security bond
  • OPG fees
  • Expenses
  • Professional fees
  • Fixed costs under Practice Direction 19B
  • Assessed costs
  • Assessed costs and low value deputyships
  • More...

Costs and expenses in the Court of Protection

There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory body, the Office of the Public Guardian (OPG). Where a professional is appointed to act as deputy, they will be entitled to charge for their work carried out on behalf of the protected person (P). Both professional and lay deputies are entitled to recover reasonable expenses.

Where the proceedings concern P's property and affairs, the general rule is that the costs of the proceedings or of that part of the proceedings that concerns P’s property and affairs shall be paid by P or charged to P’s estate. Where the proceedings concern P's personal welfare, the general rule is that there will be no order as to the costs of the proceedings or of that part of the proceedings that concerns P’s personal welfare. Where the proceedings concern both property and affairs and personal welfare, the court, insofar as practicable, will apportion the costs as between the respective issues.

The Court may depart from the general rule if the circumstances so justify, and in deciding whether departure is justified the court will have regard to all the circumstances, including the conduct of the parties, whether a party has succeeded on part

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