You might remember the case where the outsourcing of Deputyship
duties went wrong?
In the second round of litigation in this case following the
Court's decision that Matrix had acted not in compliance with
either its statutory or fiduciary duty (as mentioned in our Lynne
Bradey's article here "Trust corporation fails vulnerable
clients" – link ) dealt with two aspects that were to be
determined by Senior Judge Hilder, namely:
- At what rate Deputies are entitled to charge fees; and
- The procedure to be followed for calling in bonds.
What rates can Deputies charge?
Following termination of the Deputyship appointments, LBE the
successor Deputy in the majority of cases sought orders to call in
the security bonds. LBE stated the calling in of the security
bonds has to be limited to fees charged in excess of the fixed cost
stipulated by Practice Direction 19B for Public Authorities.
