Successful Appeal Before Costs Judge Whalan Leads to Reinstatement of Deputy Costs
Kain Knight recently appeared before Costs Judge Whalan on behalf of one of our deputy clients, with Adrian Hawley representing the deputy in an appeal concerning reductions made to general management costs.
Background to the Assessment.
The matter related to a protected party under the age of 18, living at home with both parents. The protected party and both parents were joint owners of the family property, and the general management year in question involved circumstances well beyond what could reasonably be described as “run of the mill”.
During the provisional assessment, the costs officer reduced the claimed costs for dealing with the parents from just under £5,000.00 to a flat allowance of £3,500.00, on the basis that there had been an excessive level of communication with them.
Context Matters
In this case, the parents’ involvement was unavoidable and substantial. During the year:
- The protected party was supported by a 24/7 care package, with the mother managing a full team of carers
- There were significant building works being undertaken at the family property
- A boundary dispute with a neighbour had to be addressed
- The parents themselves were going through a relationship breakdown and separation
It was submitted that communications with the parents were not routine courtesy updates, but instead essential to the effective management of the protected party’s health, welfare, care team and property interests.
Written Appeal and Oral Re‑Assessment
Following a written appeal, some of the reduced deputy costs were reinstated. After discussion with the Deputy we then made a request for an oral hearing before a Costs Judge. The matter then proceeded to an oral re‑assessment before Costs Judge Whalan, where further submissions were made.
At the outset of the hearing, the Judge indicated that he was not minded to increase the allowance, noting that the original costs estimate was £25,000, while the general management bill totalled £15,000 — a clear indication that the deputy had exercised commendable restraint in keeping costs down.
Nevertheless, Adrian Hawley was invited to make further submissions explaining why an uplift was justified.
Submissions and Outcome
In oral submissions, emphasis was placed on:
- The health needs of the protected party
- The complexity of managing a large care team
- The mother’s day‑to‑day responsibility for supervising carers
- The complications arising from property works and ownership
- The impact of the parents’ separation on management responsibilities
Having considered these factors, Costs Judge Whalan increased the allowance for parental communications from £3,500.00 to £4,275.00 plus VAT, recognising that the work undertaken went materially beyond routine general management.
A Valuable Reminder
This outcome serves as a useful reminder that where a general management year involves exceptional or complex circumstances, it can be both appropriate and worthwhile to seek an oral re‑assessment. Blanket reductions can overlook the reality of what deputies are required to manage on the ground.
At Kain Knight, we regularly advise deputies on the strategic value of challenging reductions where the facts support it—particularly in cases involving complex care arrangements, property issues, or family dynamics.
If you would like advice on costs appeals or oral reassessments, please get in touch with our team.
