The Friendly Trust's Bulk Application [2016] EWCOP 40 (29 July 2016)

The Friendly Trust's Bulk Application [2016] EWCOP 40 (29 July 2016)

A not-for-profit organisation deputy is not entitled to charge fixed costs at the solicitor's rate under Practice Direction PD19B unless specifically authorised by the court in each case. The court will not make a bulk order authorising such charges retrospectively or for future cases, as this would be inconsistent...

Source-derived case information.

Citation
[2016] EWCOP 40
Parties
Applicant: The Friendly Trust
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Court of Protection Property and Affairs Deputyship Application / Interim Judgment on Bulk Application for Costs Orders
Outcome
Bulk application for general authority to charge solicitor's fixed costs refused; routine administrative amendments to deputy orders permitted.
Legal Topics
Deputyship Remuneration, Fixed Costs Practice Direction, Retrospective Authority, Not for Profit Deputy Charges, Notification Requirements, Best Interests of Protected Persons
Mental Capacity Law Court of Protection Deputyship Remuneration Fixed Costs Practice Direction Retrospective Authority Not for Profit Deputy Charges Notification Requirements Best Interests of Protected Persons

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Parties

The Friendly Trust

Applicant

Procedural Posture

Court of Protection Property and Affairs Deputyship Application / Interim Judgment on Bulk Application for Costs Orders

Legal Issues

  1. 1 Whether a not-for-profit organisation deputy is entitled to charge fixed costs at the solicitor's rate under Practice Direction PD19B
  2. 2 Whether a bulk order can be made authorising retrospective and future charges at the solicitor's rate for all existing and future deputyships
  3. 3 Whether affected persons must be notified of such an application

Ratio Decidendi

A not-for-profit organisation deputy is not entitled to charge fixed costs at the solicitor's rate under Practice Direction PD19B unless specifically authorised by the court in each case. The court will not make a bulk order authorising such charges retrospectively or for future cases, as this would be inconsistent with the exercise of discretion, the need for notification to affected persons, and the requirement for evidence justifying higher remuneration. The Friendly Trust's application for a general bulk order is refused; remuneration must be determined on a case-by-case basis.

Court Disposition

Bulk application for general authority to charge solicitor's fixed costs refused; routine administrative amendments to deputy orders permitted.

Orders

  • Authorised court officer to amend existing orders to record the deputy as 'The postholder of Co-ordinator of The Friendly Trust' or similar wording for administrative convenience.
  • No bulk order authorising retrospective or future charges at solicitor's fixed costs rate granted.