Article last updated 5 November 2024.
Various fixed costs and court fees increased earlier this year. Laura Sugarman, senior associate and specialist in Court of Protection (COP) costs at Clarion Solicitors, highlights the key changes deputies should be aware of.
Changes to fixed costs
The fixed costs COP practitioners can claim in certain circumstances increased in April 2024.
This is a welcome increase, as the previous fixed costs were deemed to be outdated, particularly in light of the recent increases to hourly rates as a result of the cases of PLK, GHR 2021 and GHR 2024.
The changes to fixed costs are as follows:
| Work carried out | Previous fixed costs entitlement (plus vat) | New fixed costs entitlement (plus vat) |
| Application work | £950 | £1,204 |
| 1st GM year | £1,670 | £2,116 |
| 2nd and subsequent GM years | £1,320 | £1,672 |
| Deputy report | £265 | £336 |
| Basic tax return | £250 | £317 |
| Complex tax return | £600 | Reasonable costs or three quotes (Re ACC) |
| Conveyancing | Minimum £400 Maximum £1,670 |
Reasonable costs or three quotes (Re ACC) |
| Interim payments | Up to 75% of Work in Progress (WIP) | Up to 75% WIP for the year or 75% of OPG105 estimate, whichever is lower |
The threshold for hardship cases has also increased, from £16,000 to £20,300. This means that if P has less than £20,300 in assets, the deputy won’t be able to have their costs assessed and will be limited to 4.5% of P’s assets.
Changes to court fees
The government has also recently made an announcement regarding the increase in court fees. Following consultation, the government chose to proceed with a 10% increase to 172 of the 202 fees proposed. These new fees, which came into effect on 1 May 2024, will directly impact COP practitioners.
Fee increases include the following:
| Fee description | Previous court fee | New court fee |
| Requesting a detailed assessment | £87 | £96 |
| Appealing against a COP costs assessment decision | £70 | £77 |
| Requesting to set aside a default costs certificate | £65 | £72 |
There has also been an increase in court fees for COP applications, from £371 to £408. The court fee for appealing has increased from £234 to £257.
For more information about the changes to fixed costs and court fees, and how they might affect you, please contact Laura Sugarman at Clarion Solicitors.
