Q&As

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

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 01 July 2019
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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

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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