Court of Protection—service of documents
Court of Protection—service of documents

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Court of Protection—service of documents
  • The general rule on service
  • Method of service
  • Service by document exchanges
  • Service by electronic means
  • Applications for service by an alternative method
  • Service on business partners
  • Service on a company or other corporation
  • Service on children and protected parties
  • Service on a person who lacks capacity when he has become a party
  • More...

The rules governing the service of documents in the Court of Protection are set out in Part 6 of the Court of Protection Rules 2017 (COPR 2017) and the supporting Practice Direction 6A—Service of documents (PD 6A).

This Practice Note sets out the rules relating to service, including the special rules that apply where the person to be served is a child or a protected party. The rules regarding the notification of the protected party and other interested parties are explained in the Practice Note: Court of Protection—notification.

For information on how to commence an application and, if necessary, apply for permission, see the Practice Notes: Making an application to the Court of Protection and Court of Protection—permission to apply.

The general rule on service

A party must give an address for service within the jurisdiction. The rules have been amended to deal with service out of the jurisdiction and broadly mirror those contained in the Family Procedure Rules 2010. See: Service out of jurisdiction for further details.

The general rule is that the Court of Protection (the court) will serve:

  1. any order or judgment

  2. an acknowledgment of service or notification, and

  3. except where the application is for an order for committal, a notice of hearing

It is for the court to decide the method of service to be used, although the court will normally use first class post. If

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