Urgent applications in the Court of Protection
Urgent applications in the Court of Protection

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

  • Urgent applications in the Court of Protection
  • Introduction
  • No proceedings before the court—welfare cases
  • No proceedings before the court—property and affairs cases
  • Making an urgent application
  • The principles applying to urgent applications

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers.

Introduction

It may be necessary to make an urgent application to the Court of Protection in one of two situations:

  1. where no proceedings exist, but it is necessary to get urgent relief from the court before it is possible to complete all the steps required to start such proceedings, or

  2. where proceedings are already up and running and an unexpected development means that it is necessary to come to the court quickly during the course of those proceedings

In broad terms, the principles that apply are the same in either situation (they are also the same whether the application relates to the health and welfare of the person or their property and affairs). Under the new approach to case management in the Court of Protection, introduced by the Case Management Pilot on 1 September 2016 and, since 1 December 2017, incorporated into Practice Direction 3B on case pathways (PD 3B), more formal requirements apply in relation to the bringing of the first category of the case above. See Practice Note: Making an application to the Court of Protection.

The specific requirements applying in medical treatment cases (even though they now fall under the personal welfare case management pathway) are discussed in Practice Note: Serious medical treatment cases in the Court of