Deputies' Hourly Rates in the Court of Protection: A Guideline Rates Challenge — PLK & Ors
Court of Protection — 2020-09-30
This case involved a common point of principle regarding the assessment of hourly rates claimed by Deputies in the Court of Protection (COP). Master Whalan reviewed the approach taken by Costs Officers and Costs Judges when assessing COP costs and whether the Guideline Hourly Rates (GHR) of 2010 were still appropriate. The Applicants argued that COP work should be assessed using a more flexible approach, treating the GHR as a starting point rather than a fixed ceiling. Master Whalan acknowledged that COP work can involve substantial responsibility and complexity, and agreed that the GHR should be subject to some form of uplift to reflect inflation and changing commercial conditions. He directed that, moving forward, hourly rates up to 120% of the 2010 GHR should be considered prima facie reasonable for COP work, allowing for greater flexibility in assessments.
Summary
This case involved a common point of principle regarding the assessment of hourly rates claimed by Deputies in the Court of Protection (COP). Master Whalan reviewed the approach taken by Costs Officers and Costs Judges when assessing COP costs and whether the Guideline Hourly Rates (GHR) of 2010 were still appropriate. The Applicants argued that COP work should be assessed using a more flexible approach, treating the GHR as a starting point rather than a fixed ceiling. Master Whalan acknowledged that COP work can involve substantial responsibility and complexity, and agreed that the GHR should be subject to some form of uplift to reflect inflation and changing commercial conditions. He directed that, moving forward, hourly rates up to 120% of the 2010 GHR should be considered prima facie reasonable for COP work, allowing for greater flexibility in assessments.
About This Analysis
This case summary is part of the Mackenzie Costs case law library, providing expert analysis of significant costs law decisions for legal professionals. Each article examines the key issues, judicial reasoning, and practical implications for costs practitioners.
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