Government admits to wrongly charging Court of Protection fees: are you due a refund?

The Government has committed to refunding court fees, including those paid for civil proceedings and for the Court of Protection, after discovering that applicants had been overcharged or incorrectly charged.

According to the report, the Ministry of Justice (MoJ) discovered that fees in certain private law proceedings had been “unintentionally set above costs”.

For example, fees relating to the “filing of a request for a detailed assessment of costs incurred in the Court of Protection where the amount assessed does not exceed £3,000” attract a refund of between £28 and £42.

Fees relating to “the filing of a request for a detailed assessment of costs incurred in the Court of Protection in all other cases”, meanwhile, attract a refund of between £138 and £152.

Additionally, interest on any refunds will be paid at a flat rate of 0.5 per cent.

To apply for a refund, click on this link.

Commenting on the refund scheme, a MoJ spokesperson said: “This follows a review in 2018, which discovered fees in certain proceedings had been unintentionally set above cost and fulfils the Government’s intention to refund anyone that was owed money.

“The refund scheme also covers specific fees that the Ministry of Justice has identified as having been mischarged – either where the wrong fee was charged or incorrectly applied.”

The refund guidance document can be found here.

Do you need legal support or advice? For help, get in touch with our expert team today.

The following two tabs change content below.
Nigel is the firm’s Managing Partner and joint Head of Litigation and Dispute Resolution at Mackrell.Solicitors’ London office. He is widely experienced in complex litigation matters, and various forms of dispute resolution.