Contents
- 1 Citation and commencement
- 2 Interpretation
- 3 Amendments to the Court of Protection Rules 1994
- 4 Amendments to the Court of Protection Rules 1994
- 5 Amendments to the Court of Protection Rules 1994
- 6 Amendments to the Court of Protection Rules 1994
- 7 Amendments to the Court of Protection Rules 1994
- 8 Amendments to the Court of Protection Rules 1994
- 9 Amendments to the Court of Protection Rules 1994
- 10 Transitional
Article 1Citation and commencement#
These Rules may be cited as the Court of Protection (Amendment) Rules 1999 and shall come into force on 1st October 1999.
Article 2Interpretation#
The Court of Protection Rules 1994 (“the Rules”) shall be amended in accordance with these Rules and a reference to a rule by number alone is a reference to the rule so numbered in the Rules and a reference to the Appendix to the Appendix to those Rules.
Article 3Amendments to the Court of Protection Rules 1994#
In rule 9(2)(a) the figure “£10,000” shall be substituted for the figure “£5,000”.
Article 4Amendments to the Court of Protection Rules 1994#
In rule 21(3) for the words “according to the practice of the Chancery Division, would have been required to be served with the summons if the application had been made in the High Court”, substitute “would have been required to be served with the application notice if the application had been made in the High Court”.
Article 5Amendments to the Court of Protection Rules 1994#
In rule 79 the words “or other originating process” shall be deleted.
Article 6Amendments to the Court of Protection Rules 1994#
In rule 80(1) the words “issue of the first application for” and “or other originating process” shall be deleted.
Article 7Amendments to the Court of Protection Rules 1994#
For rule 82 substitute:“82 A fee is payable in respect of the detailed assessment of costs and on an appeal against a decision made in a detailed assessment of costs.”
Article 8Amendments to the Court of Protection Rules 1994#
For rule 89 substitute:“89 1 Subject to the provisions of these Rules, Parts 43, 44, 47 and 48 of the Civil Procedure Rules 1998 (“the 1998 Rules”) shall apply, with the modifications in paragraph (2) and such other modifications as may be necessary, to costs incurred in relation to proceedings under these Rules as they apply to costs incurred in relation to proceedings in the High Court.2 The modifications referred to in paragraph (1) are:a in rule 43.2(1)(c) of the 1998 Rules, costs officer shall includei a judge;ii the Master.b in rule 43.2(1)(d) of the 1998 Rules, authorised court officer shall include an officer of the court;c rule 44.3(2) of the 1998 Rules (costs follow the event) does not apply;d rules 44.9 to 44.12 of the 1998 Rules (costs on small claims and fast tracks and on track allocation or reallocation) do not apply;e rules 48.1 to 48.3 (costs payable by or to particular persons) and 48.7 to 48.10 (costs relating to solicitors and other legal representatives) of the 1998 Rules do not apply.3 Where the court orders costs to be assessed by way of detailed assessment, the detailed assessment proceedings will take place in the High Court.”
Article 9Amendments to the Court of Protection Rules 1994#
The Appendix shall be amended as follows:
(a)in paragraph 1:
(i)the words “or other originating process” in column 1 shall be deleted;
(ii)the figure “£200” shall be substituted for the figure “£100” in column 2;
(b)for paragraph 4 substitute:“4 —1 On the filing of a request for a detailed assessment of costs2 On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate”
(c)in column 2 of paragraph 7:
(i)the figure “£300” shall be substituted for the figure “£250”; and
(ii)the figure “£125” shall be substituted for the figure “£100”;
(d)for Table 1 (Fee No. 2) substitute:
| Income Band | Exceeding | Not Exceeding | Fee |
|---|---|---|---|
| (i) | £2,000 | £100 | |
| (ii) | £2,000 | £5,000 | £180 |
| (iii) | £5,000 | £10,000 | £450 |
| (iv) | £10,000 | £15,000 | £800 |
| (v) | £15,000 | £25,000 | £1,200 |
| (vi) | £25,000 | £1,750 |
(e)for Table 2 (Fee No. 6) substitute:
| Income Band | Exceeding | Not Exceeding | Fee |
|---|---|---|---|
| (i) | £2,000 | £200 | |
| (ii) | £2,000 | £5,000 | £600 |
| (iii) | £5,000 | £10,000 | £1,500 |
| (iv) | £10,000 | £15,000 | £3,000 |
| (v) | £15,000 | £25,000 | £3,800 |
| (vi) | £25,000 | £4,600 |
(f)The Note to Tables 1 and 2 shall be deleted and shall be replaced by the following:“In relation to fees 2 and 6, and their respective Tables, where income exceeds the lower limit of a band by less than the difference between the fee for that band and the fee for the next lower band, the fee charged shall be the fee for the lower band.”
Article 10Transitional#
(1)The fees introduced by rule 7 above apply where a request for a detailed assessment of costs is filed on or after 1st October 1999.
(2)In any other case the fees (including the fee payable on withdrawal of the bill of costs) applicable immediately before that date shall be paid.
(3)Rule 8 above applies to any determination of costs that takes place on or after 1st October 1999, but so that, as a general rule, no costs for work done before that date shall be disallowed if they would have been allowed on taxation before that date.
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