COURT OF PROTECTION COSTS UPDATE - KEEPING THE OPG HAPPY
As practitioners will no doubt be aware, over the past year or so the Office of the Public Guardian (OPG) has been working more closely with the Senior Courts Costs Office (SCCO) in order to maintain control of practitioners’ costs. This involves the deputy detailing their proposed work for the forthcoming general management year and providing the OPG with an estimate of costs.
Whilst this remains in its infancy (we will be submitting estimates within submitted bills of costs next year), we have noted during the course of the year the OPG are taking more of a keen interest in practitioners’ costs. Here, we examine the steps they are taking and what you can do on a practical level to keep them happy.
We have had a number of enquiries recently regarding requests from the OPG for final costs certificates, in order to back up the bills that have been raised. Our advice here is simple: once you have had your bill assessed and accepted it, make sure you request your final costs certificate as soon as possible. Whilst the assessment may be agreed, the court needs to rubber stamp the assessment and the final costs certificate is essential in evidencing the costs to which you have been allowed by the court.
It can take up to three months for the court to issue a certificate; such is their work load at present. Our advice is to always keep a copy of the assessed bill (complete with castings) to ensure that if the OPG require evidence before the certificate is received, you have it to hand. This also ensures that if the bill goes “missing” you have a backup copy as the court does not keep copies on their file.
Furthermore, once you have received your certificate, our advice is to write to the OPG and provide them with a copy of the final costs certificate and all the invoices/charges you have raised for the deputyship year in question, which should equal the amount shown on the certificate. Whilst the OPG may not always specifically request this, we feel this is good practice and ensures complete transparency.
Certainly the trend in relation to all legal costs points to tighter control. We have seen costs budgeting within civil litigation matters and the need to provide detailed estimates of costs for Court of Protection matters is all but a certainty.
By ensuring you provide accurate estimates (when required) and keeping the OPG up to date with regard to ongoing management costs information, this will make sure they are satisfied that all is in order.
Should you require any further information in relation to any of the points raised in this article, please do not hesitate to contact us.
bSquared costs law are experienced in preparing and submitting bills to courts nationwide and to the Senior Courts Costs Office for assessment. We provide neat and tidy paperwork and anticipate the courts requirements, which can ensure that the court is on your side before they even come to start the assessment!
Contact us to request your free Court of Protection costs recovery guide. To discuss how we can support your firm or for free initial advice on any cost law matters, feel free to contact us on:
0117 930 84 84
www.bsqcostslaw.com
7825 Bristol
