Ashton, Re v [2006] EWHC 90060 (Costs) (31 July 2006)

Ashton, Re v [2006] EWHC 90060 (Costs) (31 July 2006)

The SSSM's qualifications, experience, and responsibilities justify a rate higher than the Receivership Assistant and closer to Grade C, but not the full Grade C guideline rate. £118 per hour is appropriate, balancing expertise, market rates for case managers, and the nature of the work performed.

Citation
[2006] EWHC 90060 (Costs)
Parties
Patient: Michael Ashton; Receiver/applicant: Andrew Harding
Jurisdiction
England and Wales
Judgment Date
31 July 2006
Procedural Posture
Costs Assessment Appeal / Appeal From Costs Officer's Provisional Assessment
Outcome
appeal allowed in part
Legal Topics
Assessment of Costs, Hourly Rates, Classification of Fee Earners, Court of Protection Management Costs
Civil Procedure Costs Law Court of Protection Assessment of Costs Hourly Rates Classification of Fee Earners Court of Protection Management Costs

Case Brief

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Parties

Michael Ashton

Patient

Andrew Harding

Receiver/applicant

Procedural Posture

Costs Assessment Appeal / Appeal From Costs Officer's Provisional Assessment

Legal Issues

  1. 1 What is the appropriate hourly rate for a Specialist Support Services Manager (SSSM) in Court of Protection receivership management work?
  2. 2 Should the SSSM be classified as a Grade C or Grade D fee earner for costs purposes?

Ratio Decidendi

The SSSM's qualifications, experience, and responsibilities justify a rate higher than the Receivership Assistant and closer to Grade C, but not the full Grade C guideline rate. £118 per hour is appropriate, balancing expertise, market rates for case managers, and the nature of the work performed.

Court Disposition

appeal allowed in part

Orders

  • Hourly rate for SSSM set at £118 per hour for the relevant period.
  • Receiver awarded full reasonable costs of the appeal, totaling £888.89.