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General Management Costs in the Court of Protection

General management costs in Court of Protection matters are assessed in the Senior Courts Costs Office. They arise where deputies incur ongoing management work beyond routine annual tasks. Proper recovery depends on classification, proportionality and compliance with SCCO guidance.

What Are General Management Costs?

General management costs represent the remuneration claimed by professional deputies for work undertaken in the ordinary course of managing a protected party’s property and affairs. They differ fundamentally from litigation costs, both in purpose and in the manner in which they are assessed.

Such costs typically relate to ongoing administrative, financial, and decision-making responsibilities rather than discrete contentious proceedings. As a result, claims are assessed against a framework that places particular emphasis on proportionality, necessity, and the proper categorisation of work undertaken over extended periods.

How general management costs are assessed by the SCCO

General management costs are assessed by reference to guidance and principles applied by the Senior Courts Costs Office. Assessment is commonly conducted on the papers, though oral hearings may arise where issues are contested or where reductions are challenged.

The assessment process focuses on whether the work claimed was reasonably undertaken, whether it was properly recorded and categorised, and whether the overall level of remuneration sought is proportionate to the size and complexity of the deputyship. Assumptions that costs will be allowed routinely or at standardised levels are frequently misplaced, particularly where claims lack sufficient explanation or structure.

Common Issues in Drafting General Management Costs

Difficulties in recovering general management costs often arise from avoidable drafting and presentation issues. These commonly include inadequate categorisation of work, insufficient explanation of time spent, and a failure to distinguish between routine administrative activity and work of greater complexity or responsibility.

Overly generic narratives, retrospective rationalisation, and inconsistent time recording can undermine otherwise legitimate claims. In addition, a lack of alignment between the work undertaken and the scale of the protected party’s estate frequently attracts scrutiny on proportionality grounds. Specialist drafting is often required to anticipate these issues and present claims in a manner that reflects judicial expectations.

The Role of Specialist Costs Drafting

General management costs claims are not routine bills. They require a structured approach that reflects the distinct assessment regime applicable to Court of Protection work. Specialist costs drafting focuses on ensuring procedural compliance, clear categorisation, and a narrative that demonstrates why the work claimed was necessary and reasonable in the context of the deputyship.  Where proceedings are publicly funded, Court of Protection matters often involve complex Legal Aid costs and CCMS assessment issues.

Effective drafting involves presenting the claim in a way that assists the assessing officer, addressing proportionality directly, and avoiding assumptions that work will be allowed simply because it was undertaken.

When Specialist Costs Lawyers Become Involved

In more complex or contested cases, the involvement of a specialist costs lawyer may be required. This commonly arises where significant reductions are proposed, where challenges are made to the scope or nature of the work undertaken, or where appeals or reconsiderations are pursued.

Costs lawyers may also be instructed to provide strategic advice on recoverability, to assist in responding to challenges raised during assessment, or to represent parties where oral hearings take place. The distinction between drafting and advocacy becomes particularly important in such circumstances.

Nationwide Costs Support for Court of Protection Work

Court of Protection costs work is governed by national procedural rules and guidance rather than local practice. Claims are routinely prepared and assessed using electronic files, and specialist costs support can be provided effectively on a national basis without regard to the geographic location of the instructing solicitor or deputy.

This reflects the manner in which modern costs work is conducted and allows specialist expertise to be accessed consistently across England & Wales.

How SPH Costs Assists with General Management Costs

SPH Costs provides specialist support to solicitors and professional deputies in relation to general management costs arising in Court of Protection proceedings. This includes the preparation and review of costs claims, advice on assessment and recoverability, and assistance with challenges and disputes where they arise. The focus in each case is on procedural accuracy, proportionality, and presenting costs in a manner aligned with the applicable assessment framework.

CONTACT US

Address: SPH Costing Services Ltd

Leyland House, LBP, Centurion Way, Leyland, PR26 6TY

Telephone : 01772 435550  

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Costs Lawyers and Law Costs Draftsmen

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