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Solicitors costs in relation to Patients’ work

Category I Work up to and including the date upon which the Controller is appointed £900 (plus VAT and outlay)
Category II Preparation and lodgements of a Controllership account £239 (plus VAT)
Category III General Management work in the second and subsequent years where the Controller is a solicitor £781 (plus VAT)
 (Note: Categories II and III may be claimed together)
Category IV In respect of conveyancing, a value element of 1% of the consideration, with a minimum sum of £444 (plus VAT and outlay)  
Category V All work in relation to the preparation, lodgement and execution of a Statutory Will £721 (plus VAT and outlay)

New rates of fixed costs will apply as follows:

Category I Application to appoint a Controller lodged on or after 1st April 2014
Category II all Controller accounts lodged on or after 1st April 2014
Category III all general management costs in respect of years ended on or after 1st April 2014
Category IV all sale/purchases on or after 1st April 2014
Category V all Statutory Will applications on or after 1st April 2014

If a solicitor does not accept the costs as set out in this guide s/he may submit a bill of costs per RCS 62 setting out the nature of the work undertaken; hourly rate of solicitor/other; any % mark-up sought; outlay plus VAT.  It would be helpful for a brief outline of any complications which may seek to explain why the bill exceeds OCP guidance.

Please note that this document is for guidance only and that all submitted costs may be subject to consideration and direction by the Master [Care and Protection].

The attention of the legal profession is also drawn to Order 109 Rule 75 and Rule 77 of the Rules of the Court of Judicature [NI] 1980.

Note:   This guidance is based upon a Solicitor’s hourly rate of £102.00 per hour for work done after 1 April 2014 and will be revised as and when the Solicitor’s hourly rate is changed.