The Friendly Trust's Bulk Application

The Friendly Trust's Bulk Application

Bulk orders authorising The Friendly Trust to charge solicitor's fixed costs for deputyship cases, whether retrospectively or for future cases, are not justified. Each deputyship case must be considered individually, with remuneration set at the local authority rate unless specific evidence justifies a higher rate. Existing ambiguous orders must be clarified to specify the applicable rate. Retrospective authority for excess fees is not granted without case-specific justification.

Parties
Applicant: The Friendly Trust; Interested Party: Public Guardian; Co Ordinator of the Friendly Trust: Ms Alison Brunt
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Deputyship Bulk Application / Interim Judgment
Outcome
Bulk application for solicitor's fixed costs denied; local authority rate applies unless justified individually.
Legal Topics
Deputy Remuneration, Practice Direction PD19 B, Retrospective Authority, Bulk Applications, Not for Profit Deputyship
Mental Capacity Court of Protection Costs Deputy Remuneration Practice Direction PD19 B Retrospective Authority Bulk Applications Not for Profit Deputyship

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Parties

The Friendly Trust

Applicant

Public Guardian

Interested Party

Ms Alison Brunt

Co Ordinator of the Friendly Trust

Procedural Posture

Deputyship Bulk Application / Interim Judgment

Legal Issues

  1. 1 Whether The Friendly Trust can charge fixed costs at the solicitor's rate for deputyship cases
  2. 2 Whether retrospective authority can be granted for fees charged above local authority rates
  3. 3 Whether bulk orders for future and past cases are permissible

Ratio Decidendi

Bulk orders authorising The Friendly Trust to charge solicitor's fixed costs for deputyship cases, whether retrospectively or for future cases, are not justified. Each deputyship case must be considered individually, with remuneration set at the local authority rate unless specific evidence justifies a higher rate. Existing ambiguous orders must be clarified to specify the applicable rate. Retrospective authority for excess fees is not granted without case-specific justification.

Court Disposition

Bulk application for solicitor's fixed costs denied; local authority rate applies unless justified individually.

Orders

  • Deputy remuneration for new and existing cases set at local authority fixed costs rate unless evidence justifies otherwise.
  • Existing ambiguous orders to be varied to specify local authority rate.