Richard Wilcock secures 20% hourly rate increase for Solicitors and Professional Deputies at SCCO

October 7, 2020

Richard Wilcock from Exchange Chambers was instructed by Clarion Solicitors on behalf of number of professional deputies in a conjoined appeal. The Court considered evidence from the professional deputies themselves and a number of members from the Professional Deputies Forum.

In a landmark judgment which was handed down on 30 September 2020, the Court accepted the argument that a failure to consider an increase in the hourly rate which was broadly set in 2010 based upon Guideline Hourly Rates, threatened the viability of work which was fundamental to the operation of the Court of Protection. Accordingly, Master Whalan, after considering the evidence before the Court, was satisfied, that whilst he was not able to increase the Guideline Hourly Rate, it was with the Court’s discretion to apply an inflationary element to the GHR to reflect increases between 2010 (when the GHR was set) and 2019.

Any rate claimed that was within 120% of the 2010 GHR would be deemed to be reasonable and allowed.

To read the judgment in full, please click here.