Q&As

Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 01/07/2019

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?

Under the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 19.5(3), the Court of Protection has the power to order that a party may recover fixed costs in accordance with a relevant practice direction (COPR 2017, PD 19B). Until 1 February 2011, COPR 2017, PD 19B only applied to solicitors or office-holders in public authorities appointed to act as deputies, but since that date, whilst it is expressed to apply principally to solicitors and office-holders in public authorities, it also provides that the court may direct that its provisions shall apply to other professionals acting as deputies including accountants, case managers and not-for-profit organisations.

The court will only make an order for fixed costs where the costs are payable from P’s estate and not where the court orders for a party to recover costs from another party. The court will

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