Part 2The Court of Protection and the Public Guardian
Fees and costs
54Fees
1
The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by the court.
2
An order under this section may in particular contain provision as to—
a
scales or rates of fees;
b
exemptions from and reductions in fees;
c
remission of fees in whole or in part.
3
Before making an order under this section, the Lord Chancellor must consult—
a
the President of the Court of Protection,
b
the Vice-President of the Court of Protection, and
c
the Senior Judge of the Court of Protection.
4
The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.
5
Fees payable under this section are recoverable summarily as a civil debt.
55Costs
1
Subject to Court of Protection Rules, the costs of and incidental to all proceedings in the court are in its discretion.
2
The rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
3
The court has full power to determine by whom and to what extent the costs are to be paid.
4
The court may, in any proceedings—
a
disallow, or
b
order the legal or other representatives concerned to meet,
the whole of any wasted costs or such part of them as may be determined in accordance with the rules.
5
“Legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.
6
“Wasted costs” means any costs incurred by a party—
a
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
b
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
56Fees and costs: supplementary
1
Court of Protection Rules may make provision—
a
as to the way in which, and funds from which, fees and costs are to be paid;
b
for charging fees and costs upon the estate of the person to whom the proceedings relate;
c
for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings.
2
A charge on the estate of a person created by virtue of subsection (1)(b) does not cause any interest of the person in any property to fail or determine or to be prevented from recommencing.