It has been agreed with the Law Society that fixed costs will be allowed at amounts not exceeding the following:

Category I

Work up to and including the date upon which the first general order or short order is entered.

(The commencement fee, appointment fee, and fees for medical evidence and evidence of notification of the patient may be added.

Produce receipts for fees paid.)

665 (plus VAT)

Category II

(a) Preparation and lodgment of a receivership account.

175 (plus VAT)

(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.

190 (plus VAT)

Category III

General management work in the second and subsequent years:

(a) where there are lay receivers and the court has authorised the receiver to employ solicitors to carry out work not usually requiring professional assistance under rule 87 of the Court of Protection Rules 2001.

520 (plus VAT)

(b) where there are professional receivers.

590 (plus VAT)

(Note: categories II and III may be claimed together)

Category IV

Applications under sections 36 (9) or 54 of the Trustee Act 1925 for the appointment of a new trustee in the place of the patient.

320 (plus VAT)

Category V

In respect of conveyancing two elements will be allowable as follows:

(a) A sum of 125 in every case to cover correspondence with the Public Guardianship Office, the preparation of the certificate or affidavit of value and all other work solely attributable to the Court of Protection or the Public Guardianship 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 330.

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:

In category I, to all draft first general orders sent out on or after 1 January 2004.

In category II, to all receivership accounts lodged on or after 1 January 2004.

In category III, to all general management costs in respect of years ended on or after1 January 2004.

In category IV, to all orders sent out on or after 1 January 2004.

The amounts stated for each category are the maximum sum that may be claimed.

If the value of the work is less than the maximum sum allowed, professionals may accept the lower amount without further reference to the court.In all categories, professionals 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 professionals 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.

- Issued by DA Lush, Master of the Court of Protection on 9 December 2003.