PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs)

In the case of  PLK & Ors (Court of Protection : Costs) [2020] EWHC B28 (Costs) is essential reading for anyone claiming more than Guideline hourly rates, where a summary can be found at https://www.civillitigationbrief.com/2020/10/01/guidline-hourly-rates-considered-in-court-of-protection-inflation-can-be-taken-into-account-on-assessment/.

Essentially, at paragraph 35 Master Whalan states:

“I am satisfied that in 2020 the GHR cannot be applied reasonably or equitably without some form of monetary uplift that recognises the erosive effect of inflation and, no doubt, other commercial pressures since the last formal review in 2010.  I am conscious equally of the fact that I have no power to review or amend the GHR. Accordingly my finding and, in turn, my direction to Costs Officers conducting COP assessments is that they should exercise some broad, pragmatic flexibility when applying the 2010 GHR to the hourly rates claimed.  If the hourly rates claimed fall within approximately 120% of the 2010 GHR, then they should be regarded as being prima facie reasonable.  Rates claimed above this level will be correspondingly unreasonable.”

It is important to note that the observation and direction is intended to be in relation to claims that would likely be limited to guideline hourly rates only and not to limit claims which would justify an enhancement as a consequence of the relevant factors of the claim.

Ryan Murphy

Related Posts

We Are Hiring!

We Are Hiring!

We are seeking a Costs Draftsman/Costs Lawyer (minimum 3 years experience) to work with both Personal Injury and Clinical Negligence cases. The ability in Drafting Bills of Costs, Costs Budgets, Costs Negotiations and Points of Reply are required.  The ideal...

Costs Budgets on Assessment: The Court of Appeal View

Costs Budgets on Assessment: The Court of Appeal View

Following the decision of Merrix -v- Heart of England NHS Foundation Trust [2017] EWHC 346 (QB) in February this year, the Court of Appeal has now had the opportunity to consider the effect of case management orders on assessment proceedings. CPR 3.18 states that in...

Costs on Late Acceptance of a Part 36 Offer

Costs on Late Acceptance of a Part 36 Offer

Practitioners will be keenly aware that over the last year or so, Judges have grappled with the question of what costs would apply on cases which began on one of the Low Value Protocols and exited and which subsequently settled...

Got A Question?

Get in touch for a free no obligation conversation about how we could help you