Court of Protection: practice note - solicitors' fixed costsIt has been agreed with the Law Society that the amounts to be allowed will be as follows:Category IWork up to and including the date upon which the first general order is entered.
(The commencement fee of 230 and fees for medical evidence and evidence of notification of the patient may be added.
Please produce receipts for fees paid).
Category II(a) Preparation and lodgment of a receivership account.(b) Preparation and lodgment of a receivership account which has been certified by a solicitor under the provisions of the practice notes dated 13 September 1984 and 5 March 1985 reported at [1984] 3 All ER 320 and [1985] 1 All ER 884 respectively.
Category IIIGeneral management work in the second and subsequent years:(a) Where there are lay receivers;(b) Where there are solicitor-receivers.(Note: categories II and III may be claimed together).
Category IVApplications under s.36(9) of the Trustee Act 1925 for the appointment of a new trustee in the place of the patient, for the purpose of making title to land.
Category VIn respect of conveyancing two elements will be allowable as follows:(a) A sum of 115 in every case to cover correspondence with the Public Trust Office, the preparation of the certificate or affidavit of value and all other work solely attributable to the Court of Protection or the Public Trust Office, together with; (b) A value element of _% of the consideration up to 400,000 and _% thereafter, with a minimum sum for this element of 315.As well as a fee for both the above elements, VAT and disbursements will be allowed.
New rates of fixed costs will apply as follows:l In category I, to all draft first general orders sent out on or after 1 January 2001;l In category II, to all receivership accounts lodged on or after 1 January 2001;l In category III, to all general management costs in respect of years ended on or after 1 January 2001;l In category IV, to all orders sent out on or after 1 January 2001.
In all categories, solicitors will have the option of the costs officer carrying out a detailed assessment of the costs rather than accepting fixed costs, if they wish.
If solicitors seek an order for detailed assessment of the costs under category II as well as category III, the relevant items for both categories should be included in the same bill.
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