The Court of Protection Rules 2007

PART 10 APPLICATIONS WITHIN PROCEEDINGS

Types of applications for which the Part 10 procedure may be used

77.—(1) The Part 10 procedure is the procedure set out in this Part.

(2) The Part 10 procedure may be used if the application is made by any person—

(a) in the course of existing proceedings; or

(b) as provided for in a rule or practice direction.

(3) The court may grant an interim remedy before an application form has been issued only if—

(a) the matter is urgent; or

(b) it is otherwise necessary to do so in the interests of justice.

(4) An application made during the course of existing proceedings includes an application made during appeal proceedings.

Application notice to be filed

78.—(1) Subject to paragraph (5), the applicant must file an application notice to make an application under this Part.

(2) The applicant must, when he files the application notice, file the evidence upon which he relies (unless such evidence has already been filed).

(3) The court will issue the application notice and, if there is to be a hearing, give notice of the date on which the matter is to be heard by the court.

(4) Notice under paragraph (3) must be given to—

(a) the applicant;

(b) anyone who is named as a respondent in the application notice (if not otherwise a party to the proceedings);

(c) every party to the proceedings; and

(d) any other person, as the court may direct.

(5) An applicant may make an application under this Part without filing an application notice if—

(a) this is permitted by any rule or practice direction; or

(b) the court dispenses with the requirement for an application notice.

(6) If the applicant makes an application without giving notice, the evidence in support of the application must state why notice has not been given.

What an application notice must include

79.  An application notice must state—

(a) what order or direction the applicant is seeking;

(b) briefly, the grounds on which the applicant is seeking the order or direction; and

(c) such other information as may be required by any rule or a practice direction.

Service of an application notice

80.—(1) Subject to paragraphs (4) and (5), the applicant must serve a copy of the application notice on—

(a) anyone who is named as a respondent in the application notice (if not otherwise a party to the proceedings);

(b) every party to the proceedings; and

(c) any other person, as the court may direct,

as soon as practicable and in any event within 21 days of the date on which it was issued.

(2) The application notice must be accompanied by a copy of the evidence filed in support.

(3) The applicant must file a certificate of service within 7 days beginning with the date on which the documents were served.

(4) This rule does not require a copy of evidence to be served on a person upon whom it has already been served, but the applicant must in such a case give to that person notice of the evidence upon which he intends to rely.

(5) An application may be made without serving a copy of the application notice if this is permitted by—

(a) a rule;

(b) a practice direction; or

(c) the court.

Applications without notice

81.—(1) This rule applies where the court has dealt with an application which was made without notice having been given to any person.

(2) Where the court makes an order, whether granting or dismissing the application, the applicant must, as soon as practicable or within such period as the court may direct, serve the documents mentioned in paragraph (3) on—

(a) anyone named as a respondent in the application notice (if not otherwise a party to the proceedings);

(b) every party to the proceedings; and

(c) any other person, as the court may direct.

(3) The documents referred to in paragraph (2) are—

(a) a copy of the application notice;

(b) the court’s order; and

(c) any evidence filed in support of the application.

(Rule 89 provides for reconsideration of orders made without a hearing or without notice to a person.)

Interim Remedies

Orders for interim remedies

82.—(1) The court may grant the following interim remedies—

(a) an interim injunction;

(b) an interim declaration; or

(c) any other interim order it considers appropriate.

(2) Unless the court orders otherwise, a person on whom an application form is served under Part 9, or who is given notice of such an application, may not apply for an interim remedy before he has filed an acknowledgment of service or notification in accordance with Part 9.

(3) This rule does not limit any other power of the court to grant interim relief.