The government has fixed the cost that can be claimed by law costs draftsmen in the Court of Protection. This is to avoid over-charging on the part of lawyers. There is a tendency that when a client is rich Brett Anderson Jersey , practitioners may take advantage of this fact and charge client with more than the usual fee. In lieu of this, the practice direction has set out the fixed cost that may be claimed by lawyers and public authorities appearing before the Court of Protection.
Court of Protection Defined
This court has jurisdiction to hear and decide cases involving adults lacking the legal and mental capacity to administer their property and affairs.
In these cases, the Court will provide for a deputy to oversee the affairs in behalf of the adult. Most instances, the deputies are lawyers. The costs draftsmen used to be arranged by the firm. But with the new order, there will be a fixed amount that can be charged. While the principal people affected by this order are the lawyers and practitioners, other professionals may be affected such as accountant, administrator Jon Lester Jersey , case managers, etc.
In proceedings involving the property and affairs of the adult, the general rule provides that the costs in the proceedings including that of the costs draftsmen shall be charged to the litigant or to his estate. The rules on the fixed cost shall only be applied when the issue is concerning the law costs draftsmen, not when there are monetary claims against the estate of the litigant from another person.
Below are the pertinent fees that the litigant must be aware of:
Deputy application fee £400
- This depends on the level of supervision the Court has set
Type I (high)
Type II A (intermediate)
Type II (low)