The Court of Protection (Amendment) Rules 1999

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Court of Protection Rules 1994 so as to:

(a) increase the value of a patient’s property below which the court may make a short order or direction;

(b) increase some of the fees payable, and the income bands applicable to the annual administration fee and the receivership fee on passing an account (fees numbers 2 and 6), in both cases replacing the variable fee for the highest income band with a fixed fee. The changes are described in the tables below.

(c) reduce (in most cases) the fees charged for an assessment of costs from the current fee of 5% of the bill as allowed to a fixed fee of £160 with a separate fee of £50 if the original assessment is appealed;

(d) remove the annual apportioned administration fee between the date of the application for the appointment of a receiver and the date of the appointment.

The Court of Protection Rules 1994 apply the Rules of the Supreme Court 1965. On 26th April 1999, the Civil Procedure Rules 1998 came into force in respect of civil proceedings and supersede the Rules of the Supreme Court, which cease to have effect. These Rules also provide for the equivalent provisions of the Civil Procedure Rules to apply instead.

Tables

The changes to fees numbers 2 and 6

Fee No. 2

Clear annual income	New fee (£)	Old fee (£)
Up to £1,000	100	50
£1,001–£2,000	100	70
£2,001–£3,000	180	130
£3,001–£5,000	180	200
£5,001–£7,000	450	350
£7,001–£10,000	450	550
£10,001–£15,000	800	800
£15,001–£25,000	1,200	800 plus 5% of income exceeding £15,000
Over £25,000	1,750	ditto

Fee No. 6

Clear annual income	New fee (£)	Old fee (£)
Up to 1,000	200	100
£1,001–£2,000	200	250
£2,001–£3,000	600	525
£3,001–£5,000	600	800
£5,001–£7,000	1,500	1,300
£7,001–£10,000	1,500	1,800
£10,001–£15,000	3,000	2,800
£15,001–£25,000	3,800	2,800 plus 5% of income exceeding £15,000
Over £25,000	4,600	ditto