RULE CHANGES IN APRIL 2023: UP TO £100,000 CAN BE PAID INTO COURT FOR A PROTECTED BENEFICIARY

Another change coming into force on the 6th April is an increase, to £100,000, that the court can order be paid into court for a protected beneficiary.  This is, quite specifically, aimed to reduce the number of cases that come within the ambit of the Court of Protection. It enables the court to provide “light touch” (and much cheaper) oversight over the fund of a beneficiary.

THE RULE CHANGES

The Civil Procedure (Amendment Rules) 2023 introduce an amendment to CPR 21.11  increases to £100,000 (from £50,000) as the sum for which a party must apply to the Court of Protection.

THE ACTION THAT THE AMENDMENT APPLIES TO

Whilst the rules applying to the amendment of the provisions relating to QOCS specifically only apply to actions issued on or after the 6th April 2023.  However there is no such restriction in relation to most of the other aspects of the rules so this change can apply to orders made in existing action.

MINUTES OF THE CIVIL PROCEDURE RULE COMMITTEE

The rationale of the rules is explained in the Minutes of the Civil Procedure Rule Committee for 2nd December 2022.

“… the proposed r.21.11(9)(a) attracted comment as part of the consultation, with one respondent body raising a concern that the increase to £100,000 would mean that fewer claimants can apply to the Court of Protection for appointment of a Deputy.

Master Cook explained the practical rationale which suggested the concern was misplaced. It was explained that the purpose of this provision was to enable the court to avoid the expense of appointing a Deputy or applying to the Court of Protection where the damages awarded were modest. This sum has been fixed at £50,000 for a considerable period of time. Management by the court (Court Funds Office) is a light touch inexpensive alternative to the Court of Protection route. The increase to £100,000 gives more scope to reduce costs for protected beneficiaries and was seen as leading to fewer applications to the Court of Protection not more”