What if it became standard practice to hold professional deputies personally liable for unrecovered costs?
Would solicitors continue to act as deputies if it was common practice to be held personally liable for unrecovered costs?
Bearing in mind every professional deputyship case (with very few exceptions) experiences a reduction upon assessment by the SCCO, every file every year increases the liability the solicitor has. Solicitors would not continue to act as professional deputies and no sensible solicitor would choose to become a professional deputy.