Part 2

The Court of Protection and the Public Guardian

Fees and costs

Costs
55
1
Subject to Court of Protection Rules, the costs of and incidental to all proceedings in the court are in its discretion.
2
The rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
3
The court has full power to determine by whom and to what extent the costs are to be paid.
4
The court may, in any proceedings—
a
disallow, or
b
order the legal or other representatives concerned to meet,
the whole of any wasted costs or such part of them as may be determined in accordance with the rules.
5
“Legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.
6
“Wasted costs” means any costs incurred by a party—
a
as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
b
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.