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Following consultation with the Court of Protection, clarification has been provided by Costs Judge James and Costs Judge Whalan as of May 13th on the process for handling costs after the death of P. Please see below:

  1. Costs incurred up to the date of P’s death are covered by the deputyship order, as per COP Rules and precedents. No further order is required for costs incurred while P is alive and lacks capacity.
  2. The Court of Protection’s jurisdiction ends with the death of P, meaning it cannot make orders regarding costs incurred after death. COP Rule 19.11 specifically addresses costs incurred during P’s lifetime.
  3. Costs Officers and Costs Judges will strike through and annotate any costs incurred post-death on bills submitted for assessment, indicating that these costs are not covered by the deputyship order or COP jurisdiction.
  4. Deputies do not need to obtain a further order for costs incurred during P’s lifetime after P’s death to seek assessment by the SCCO. Doing so would be unnecessary and unpaid work.
  5. Any contradictions between current OPG and SCCO guidance will be amended promptly.
  6. The SCCO cannot provide guidance on recovering costs incurred after P’s death.
  7. If a Bill has been filed, the SCCO should be notified promptly of P’s death via email (SCCO@justice.gov.uk). If the bill hasn’t been filed, this information should be provided at the beginning of the Bill for assessment.
  8. Bills without a Final Costs Certificate at the time of P’s death should be served on all interested parties after provisional assessment.

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If you would like to discuss your COP requirements, please don’t hesitate to contact us on: info@broughpartners.com Tel: 0191 300 1579

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Brough Partners

Suite 34
7-15 Pink Lane
Newcastle upon Tyne
NE1 5DW

T: 0191 300 1579
E: info@broughpartners.com