Information is key!

For this month’s update, we will be looking at the importance of the background information you can provide your costs draftsman and how this can help with the preparation of your bill of costs and, ultimately, how this will assist the Costs Officer when your bill is assessed.  This article will be of interest to professional deputies and/or those assisting a professional deputy and to practitioners working within the Court of Protection.

Capturing thorough background information for the consideration of the cost officer on a Court of Protection bill of costs is essential for several reasons. First, it allows for a comprehensive understanding of the context in which costs were incurred and the background of the protected party (P). This can significantly bolster the argument for the reasonableness of the claimed costs. Judges and costs officers will ask themselves why certain decisions were made and whether they align with expected practice in similar cases. Providing context helps to bridge this gap.

In addition to the above, background information provides a narrative that is more compelling than mere numbers. For example, detailing the complexity of a case, the involved parties, and the specific challenges encountered, can create a compelling picture that enhances the perceived credibility of the costs being argued. This narrative becomes crucial in convincing the costs officer that the costs claimed are not just necessary, but reasonable.  Indeed, both criteria need to be satisfied to ensure your costs are recovered.

To support the narrative effectively, organising evidence in the bundle of information submitted to the Senior Courts Costs Office (SCCO) in chronological order is paramount. This structured approach allows the cost officer to follow the timeline of events and makes it easier to relate incurred costs to specific actions taken throughout the legal process. A well-ordered bundle of evidence provides transparency and the rationale behind each charge, thus supporting the claim for recovery.  It also makes the life of the costs officer that much easier, when they are able to quickly and easily locate certain documents in support of costs claimed.

To assist with the drafting of the narrative for the background of the matter within a bill of costs, there are various pieces of information which can assist the costs draftsperson prepare the same. This information will also provide evidence within the correspondence bundle sent to the SCCO following the acceptance of a bill of costs by the SCCO.

• A letter of instruction or a matter summary covering key points of the matter will assist cost officer in assessing bills and assist cost draftsperson in preparing the bill.
• Making sure the OPG Reports are available to review for important information to be collated for the background and to be sent alongside the bundle of papers including previous and current reports. The current report for assets/budget covering key issues completed, and the previous report for estimated costs for the bill drafter and being evidence for the cost officer upon assessment, greatly assists both the draftsperson and the court. This also helps to provide details of P’s assets and estate, now specifically required within the COP E-bill.
• A bundle of information/correspondence containing relevant information linking to pending items within your time ledger to enable the correct information to be picked out to draft the background of the matter. Documents including emails, attendance notes of visits and meetings and file notes of consideration time and telephone calls will help to ensure the time spent on these items is recovered.

Please also note it is essential for the bundle of information and correspondence which will be sent to the SCCO upon bill approval to be in chronological order by date. We have been made aware of recent incidences where time has been reduced upon the cost officers reviewing the bill of costs and the information bundle where the information has been provided in physical or PDF formats with little or no semblance of any chronological order to them, resulting in difficulties being experienced by the costs officers in locating documents. This made the assessment process far more time consuming than was necessary and a number of documents could not be located as a result and therefore the time claimed in the bill reduced as a result of lack of evidence.

Whilst we are able to provide these documents and appeal, this will incur additional time and delay in getting your costs finalised.

As a Court of Protection costs draftsperson, the capturing and presentation of background information in your Bill of Costs narrative is not just a procedural step, it is a vital part of the process. By providing a structured overview of the background of the matter leading to cost claims, and presenting evidence in a clear chronological order, you significantly enhance the likelihood of a favourable review by the cost officer. Investing time in creating a robust, but at the same time brief narrative, of ongoings can ultimately lead to maximising recovery for your clients.

**Extra Top Tip**

The use of a generic email address on the front page of the bill of costs would be of benefit. This would mitigate delays in obtaining the assessed bill back from the SCCO if the person whose email was named on the bill of costs leaves the firm or if they were on long term leave, meaning the assessed bill could be reviewed more quickly by yourselves or a costs draftsperson.

A&M Bacon are committed to assisting our clients to maximise their profit cost recoverability. For further information or advice in relation to the issues detailed above, or any other Court of Protection matter, please contact our friendly team, who will be only too pleased to assist.

Catherine Schlewitz, Court of Protection Costs Specialist 

19.03.2025