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Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived]

Coronavirus (COVID-19) civil court specific guidance—dispute resolution [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note focuses on the implications for dispute resolution in the light of temporary rules introduced in the context of coronavirus (COVID-19). This Practice Note should be read in conjunction with Practice Note: Coronavirus (COVID-19) implications for dispute resolution [Archived]. This Practice Note aims to assist dispute resolution practitioners seeking to understand the fast-moving changes to civil court processes and procedures during this time and the implications those changes and this pandemic may have on their practice and individual matters. It contains civil court specific guidance that has been issued in response to the coronavirus pandemic, all of which can be easily accessed using the ‘jump-links’ in the expandable table of contents in the left-hand margin of this Practice Note. As most courts and tribunal buildings are now open in line with public health advice, practitioners are referred to the Gov.uk ‘Find a court or tribunal’ service...

Costs awards in planning appeals

Costs awards in planning appeals Costs in planning appeals do not follow the event. An inspector/the Secretary of State/Welsh Ministers have a wide statutory discretion to award costs against any party to an appeal. However, the Secretary of State/Welsh Ministers have published policy on costs awards which is applied on appeal decisions. Government guidance on costs awards in planning appeals England Guidance on costs awards for planning appeals in England is set out in Planning Practice Guidance: Appeals (PPG). Wales In Wales, the relevant guidance is contained in Development Management Manual—section 12 Annex: Award of Costs (the DMM). Purpose of costs awards in planning appeals An award of costs is an order which states that one party shall pay to another party the costs, which may be in full or in part, which have been incurred by the receiving party during the process by which the Secretary of State/Welsh Ministers/inspector’s decision is reached. The costs order states the broad extent of the expenses the party can recover from the...

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Model form of directions for the hearing to assess costs or disbursements for a child or protected party

Model form of directions for the hearing to assess costs or disbursements for a child or protected party To Claimant’s solicitor In the High Court of JusticeSenior Courts Costs Office SCCO Ref: Claimant(include ref) To Defendant’s solicitor Defendant(include ref) Date On [date] before Costs Judge [name of costs judge] sitting in Court [number of court of known] at The Royal Courts of Justice, Strand, London UPON the court being notified that the costs payable by the Defendant to the Claimant have been agreed AND UPON the court’s own initiative IT IS ORDERED THAT:- 1 The assessment of the costs payable to the Claimant by the Defendant and payable by, or out of money belonging to, the Claimant pursuant to CPR 46.4(2) is listed for [ ] with a time estimate of [ ] (attendance by the Defendant is not required). 2 [The hearing is to be held by Microsoft Teams, and the Claimant’s solicitors are to provide the court,...

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Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?

Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead? Under the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 19.5(3), the Court of Protection has the power to order that a party may recover fixed costs in accordance with a relevant practice direction (COPR 2017, PD 19B). Until 1 February 2011, COPR 2017, PD 19B only applied to solicitors or office-holders in public authorities appointed to act as deputies, but since that date, whilst it is expressed to apply principally to solicitors and office-holders in public authorities, it also provides that the court may direct that its provisions shall apply to other professionals acting as deputies including accountants, case managers and not-for-profit organisations. The court will only make an order for fixed costs where the costs are payable from P’s estate and not where the court orders for a party to recover costs from another party. The court will therefore usually be clear...

Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of Protection Practice Direction 19B, can the deputy agree to settle the bill out of P’s funds or is it necessary to apply for a detailed assessment of costs?

Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of Protection Practice Direction 19B, can the deputy agree to settle the bill out of P’s funds or is it necessary to apply for a detailed assessment of costs? We refer you to our Practice Note: Costs and expenses in the Court of Protection (see section Professional fees), which explains that where an application is straightforward, a professional deputy may claim ‘fixed costs’, as set out in Court of Protection Practice Direction 19B. The relevant ‘fixed cost’ for the work up to and including the date upon which the court makes an order

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Private Client weekly highlights—5 June 2025

This week’s edition of Private Client highlights includes: (1) OPG publishes updated professional deputy costs for England and Wales and updated property and financial affairs guidance for attorneys; (2) the Law Commission launches a consultation on a new regulatory framework for funerary methods; (3) HMRC updates its guidance on VAT and private schools; (4) Jusan Technologies Ltd v Uconinvest Llc, which considers the registration of shareholders and the power of directors to bind a company; (5) New Supplemental Swiss Rules for Trust, Estate and Foundation Disputes which will come into force on 1 July 2025; (6) analysis of HNW Lending Ltd v Lawrence, which provides useful guidance on the application of the Contracts (Rights of Third Parties) Act 1999; and (7) two more free webinars.

OPG publishes updated professional deputy costs for England and Wales

The Office of the Public Guardian (OPG) and Senior Courts Costs Office (SCCO) have jointly published updated guidance on professional deputy costs. The revised guidance provides enhanced direction for professional deputies on submitting estimates of costs and bills for assessment to the Court of Protection (CoP). The guidance clarifies what items can be claimed within general management bills and applies to professional deputies operating in England and Wales.