PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) (30 September 2020)

PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) (30 September 2020)

The 2010 Guideline Hourly Rates should be applied as the starting point for COP costs assessments, but a pragmatic flexibility is required. If the hourly rates claimed fall within approximately 120% of the 2010 GHR, they are prima facie reasonable. This approach recognises inflation and commercial pressures since...

Source-derived case information.

Citation
[2020] EWHC B28 (Costs)
Parties
Protected Party: PLK; Protected Party: Aayan Ahmed Thakur; Protected Party: Nathanial Chapman; Protected Party: Paul Nigel Tate; Costs Solicitors for Applicants: Clarion Solicitors Limited (t/a Clarion)
Jurisdiction
England and Wales
Judgment Date
30 September 2020
Procedural Posture
Costs Assessment (court of Protection) / Preliminary Issue Judgment
Outcome
Hourly rates assessed and allowed as specified; permission to apply granted for costs of hearing; bills returned to Costs Officers for further assessment.
Legal Topics
Assessment of Costs, Guideline Hourly Rates, Inflation Adjustment, Professional Deputies, CPR 44.4(3) Factors
Civil Procedure Costs Law Court of Protection Assessment of Costs Guideline Hourly Rates Inflation Adjustment Professional Deputies CPR 44.4(3) Factors

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Parties

PLK

Protected Party

Aayan Ahmed Thakur

Protected Party

Nathanial Chapman

Protected Party

Paul Nigel Tate

Protected Party

Clarion Solicitors Limited (t/a Clarion)

Costs Solicitors for Applicants

Procedural Posture

Costs Assessment (court of Protection) / Preliminary Issue Judgment

Legal Issues

  1. 1 Should the Guideline Hourly Rates (GHR) be applied as the sole basis for assessing COP costs?
  2. 2 Should an inflationary uplift be applied to the 2010 GHR for COP work?
  3. 3 Is COP work sufficiently specialised to justify higher hourly rates?

Ratio Decidendi

The 2010 Guideline Hourly Rates should be applied as the starting point for COP costs assessments, but a pragmatic flexibility is required. If the hourly rates claimed fall within approximately 120% of the 2010 GHR, they are prima facie reasonable. This approach recognises inflation and commercial pressures since 2010 but does not purport to formally revise the GHR.

Court Disposition

Hourly rates assessed and allowed as specified; permission to apply granted for costs of hearing; bills returned to Costs Officers for further assessment.

Orders

  • Hourly rates for each applicant set as per judgment table.
  • Permission to apply granted regarding costs of preliminary issue hearing.