Page 19 - PIC Magazine Issue 25 - Autumn-Winter 2025

My final tip, to conclude
this section, is to open
a new file upon which
to record your litigation
support work. This
will keep your general
management file free
of any litigation charges
(meaning you can raise
your interim invoices
accurately and with
confidence) and will also
keep the litigation costs
at the forefront of your
mind, particularly when
settlement of the claim
is achieved. This will
also help to ensure your
regular, annual general
management costs
recovery is maximised,
as no reductions will be
made by the SCCO for
such items.
As mentioned, I am
aware that the PDF has
obtained an opinion
from leading counsel in
relation to these issues.
Within the advice, King’s
Counsel suggests that
the deputy’s time be
included in the litigation
bill as a disbursement.
I have always advised
I feel it would be best
for the deputy’s time to
be included within the
litigation bill itself, as a
separate part to the bill,
which fully details and
breaks down all the work
undertaken by the deputy.
This, to me, seems
logical to assist with the
ongoing negotiations
and/or assessment of
these costs. Failing that,
perhaps a rider to any
invoice delivered, again
setting out a breakdown
of the fees incurred,
would be useful.
I do appreciate these
issues are not wholly
black and white, but do
feel free to get in touch
if you have any queries
arising from this. I also
undertake a training
session on this (in the
style of a workshop) and
so do please feel free to
get in touch if you’d like
to find out more. The
sessions usually last
about an hour.
Updated OPG/SCCO Costs Guidance
As stated earlier, the OPG has provided its
updated good practice costs guidance,
and this was published on 28 May 2025.
Here, I am going to have a look at some of
the key changes and highlight some useful
tips that may have been forgotten
or overlooked:-
Estimates Of Costs
It is not necessary to file an update with
the OPG if the increase of 20% or more to
your initial costs estimate is due solely to a
change in the guideline hourly rates.
As many of you will be aware, the SCCO
is now publishing increased hourly rates
annually, based on inflation incurred over
the previous year.
Reconciliation Of Bank Payments
The guidance has been updated to include
a new section here, which confirms that the
reconciliation of bank statements will only
usually be allowed at Grade D.
What the guidance does not do, however,
is provide any suggestion as to what time
might be allowed here. However, in the
recent case of Re TG (heard last year),
Costs Judge Whalan appeared to suggest
that only one or two units would usually be
allowed for this.
I would suggest that if your reconciliations
take longer, due to unexpected issues
arising, carefully detail these issues on
your attendance note to ensure your
chances of recovering any additional
time are maximised.
Re ACC Judgment
Again, a new section added to the
guidance. For work that falls outside the
general authority of a deputy, further
authority for the assessment of costs may
need to be applied for. This might include
works around employment issues, litigation
(if defending or embarking on litigation
on behalf of P) and even conveyancing,
if wishing to utilise the services of your
own firm.
Litigation Costs
I thought this was relevant, given the
above section of my article! OPG guidance
suggests that costs will be disallowed,
which could properly be claimed within
the context of ongoing litigation, for
example, interim payments on account of
damages or providing information for the
purpose of conducting litigation.
Costs Following P’s Death
A practice note was issued by Costs Judge
James and Costs Judge Whalan dated
13 May 2024, which essentially confirms
that the costs of any ongoing general
management matter, up to the date of
P’s death, may be assessed without further
recourse to the Court of Protection (i.e.
the SCCO has authority to assess any
general management costs incurred during
P’s lifetime). However, the option still
remains for costs to be agreed where an
independent executor is appointed.
Frequency Of Submitting Bills To
The SCCO
It is good practice and in P’s best interests
for the professional deputy to submit their
costs to the SCCO annually, as close to
the end of the annual management year as
possible. Given the ongoing delays at the
SCCO, I am of the firm view that the sooner
you get your costs over to your costs
draftsman to start the preparation of the
bill of costs, the better.
Updated Guidance On Fixed Costs
This was published by the OPG on 18 June
2025. I’d recommend giving it a good read
(if you search “OPG Fixed Costs guidance”
it will take you to the .gov.uk website).
Of note, however, are some useful tips
on what constitutes P’s assets and some
insight on how to calculate the fixed fees,
available under PD19B. Don’t forget that, as
from 1 April 2024, the threshold for modest
estates has increased from £16,000 to
£20,300, but check your order to see what
it states (I have seen several orders made
from 1 April 2024 that still state P’s fund
has to remain over £16,000, as opposed to
the £20,300 figure). The guidance, quite
helpfully, states that in cases where P’s net
assets were above the previous threshold
of £16,000 but below the new threshold
of £20,300 that you do not need to refund
any interim payments to P.
The remainder of the guidance goes on
to reiterate much of that contained within
PD19B (setting out the current fixed costs
available for the different categories of
work undertaken).
Well, that’s it for another of my COP costs
round ups. I do hope you have found some
of the information contained within this
article to be useful and/or of interest.
I often find that, like so many things in
life, many issues in relation to costs are
not simply black and white and there are
so many shades of grey in between. Do
feel free to get in touch with myself or my
friendly team should you have any queries
in relation to this, or any other costs related
queries and we will be more than happy to
discuss further with you and see how we
can help.
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