The Court of Protection Rules 2017

[F1How to make a contempt applicationE+W

This section has no associated Explanatory Memorandum

21.3.—(1) A contempt application made in existing proceedings before the Court of Protection is made by an application under Part 10 in those proceedings, whether or not the application is made against a party to those proceedings.

(2) Permission to make a contempt application is required where the application is made in relation to—

(a)interference with the due administration of justice in connection with proceedings in the Court of Protection, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court;

(b)an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement.

(3) If permission to make the application is needed, the application for permission shall be included in the contempt application, which will proceed to a full hearing only if permission is granted.

(4) Where contempt is committed in connection with any proceedings in the Court of Protection, the application for permission may only be made to a Tier 3 Judge.]

Textual Amendments