Court of Protection: Practice Directions
The Practice Directions supplementing the Court of Protection Rules 2007 are revoked, and the new Practice Directions supplementing the Court of Protection Rules 2017 are made by the President of the Court of Protection under the powers delegated to him by the Lord Chief Justice under section 52(3) of the Mental Capacity Act 2005 and Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and are approved by Dr. Phillip Lee, Parliamentary Under-Secretary of State for Justice, by the authority of the Lord Chancellor.
- 1A: Participation of P – effective from 1 December 2017
- 2A: Levels of Judiciary – effective from 1 April 2024
- 2B: Authorised Court Officers – effective from 1 December 2017
- 2C: Application of Civil Procedure Rules 1998 and the Family Procedure Rules 2010 – effective from 1 December 2017
- 2D: Use of the Welsh Language in Cases in the Court of Protection in or Having a Connection With Wales
- 3A: Court’s jurisdiction to be exercised by certain judges – effective from 1 December 2017
- 3B: Case pathways – effective from 1 December 2017
- 4A: Hearings (including reporting restrictions) – effective from 1 December 2017
- 4B: Court bundles – effective from 1 December 2017
- 4C: Transparency – effective from 1 December 2017
- 5A: Court documents – effective from 1 December 2017
- 5B: Statements of Truth – effective from 1 January 2023
- 6A: Service of Documents – effective from 1 January 2023
- 6B: Service Out of the Jurisdiction – effective from 1 December 2017
- 7A: Notifying P – effective from 1 December 2017
- 8A: Permission – effective from 1 December 2017
- 9A: The Application Form – effective from 1 January 2023
- 9B: Notification of other persons that an application form has been issued – effective from 1 January 2023
- 9C: Responding to an application – effective from 1 January 2023
- 9D: Applications by Currently Appointed Deputies, Attorneys and Donees in Relation to P’s Property and Affairs – effective from 1 December 2017
- 9E: Applications Relating to Statutory Wills, Codicils, Settlements and Other Dealings With P’s Property – effective from 1 December 2017
- 9F: Applications to Appoint or Discharge a Trustee – effective from 1 December 2017
- 9G: Applications Relating to the Registration of Enduring Powers of Attorney – effective from 1 December 2017
- 9H: Property and Affairs Deputyship Applications – effective from 1 January 2023, with amendment effective from 2 December 2024
- 10A: Applications within proceedings – effective from 1 December 2017
- 10B: Urgent and Interim Applications – effective from 1 December 2017
- 11A: Deprivation of Liberty Applications – effective from 1 December 2017
- 12A: Human Rights Act 1998 – effective from 1 January 2023
- 13A: Procedure for disputing the court’s jurisdiction – effective from 1 December 2017
- 14A: Written Evidence – effective from 1 December 2017
- 14B: Depositions – effective from 1 December 2017
- 14C: Fees for examiners of the Court – effective from 1 December 2017
- 14D: Witness summons – effective from 1 December 2017
- 14E: Section 49 Reports – effective from 1 January 2023
- 15A: Expert evidence – effective from 1 December 2017
- 17A: Litigation Friend – effective from 1 December 2017
- 17B: Rule 1.2 Representatives – effective from 1 December 2017
- 18A: Change of Solicitor – effective from 1 December 2017
- 19A: Costs – effective from 1 December 2017
- 19B: Fixed costs in the Court of Protection – effective from 1 April 2024
- 20A: Appeals – effective from 1 December 2017
- 20B: Allocation of Appeals – effective from 1 April 2024
- 21A: Contempt of Court – effective from 1 January 2023
- 22A: Civil Restraint Orders – effective from 1 December 2017
- 23A: International Protection of Adults – effective from 1 December 2017
- 24B: Where P ceases to lack capacity or dies – effective from 1 December 2017
- 24C: Transitional provisions – effective from 1 December 2017
Guidance and resources
Guidance for the Court of Protection: ‘Closed hearings’ and ‘closed material’