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.