The detailed assessment of costs under orders or directions of the Court of Protection is dealt with in accordance with the CPR. Professional deputies should lodge a request for detailed assessment at the SCCO (not the Court of Protection or the OPG) using form N258B if payable out of a fund, or form N258 if payable by one party to another. The form should be accompanied by the following documents:
(i) a copy of the bill of costs;
(ii) the document giving the right to detailed assessment;
(iii) copies of all orders made by the Court relating to the costs which are to be assessed;
(iv) copies of any fee notes of counsel and any expert in respect of fees claimed in the bill;
(v) written evidence as to any other disbursement which is claimed and which exceeds £500;
(vi) a statement signed by the receiving party giving his name, address for service, reference and telephone number;
(vii) a statement of the postal address of any person who has a financial interest in the outcome of the assessment;
(viii) if a person having a financial interest is a child or protected party, a statement to that effect;
(ix) the relevant lodgement fee;
(x) in relation to a claim for General Management charges, a copy of Form OPG 102 together with the relevant Professional fees insert of Form OPG105 relating to the year or years covered by the claim.
Attention is drawn to paragraph 17.2(2) of the Part 47 Practice Direction. In cases which are to be dealt with by a Costs Officer (normally bills totalling £100,000.00 or less) the relevant papers in support of the bill are as described in the Part 47 Practice Direction (para 13.12). In cases over £100,000.00, complex or other cases to be dealt with by a Master, the relevant papers in support of the bill must only be lodged if requested by the Master.
Excerpt from the Senior Courts Costs Office Guide 2021
OTHER EXTRACTS
Applications concerning misconduct or wasted costs: Principles on which wasted costs orders are made
Applications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives
Author
Toby MoretonTMC Legal
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office@tmclegal.co.uk
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