Urgent applications in the Court of Protection
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers.
Urgent applications in the Court of Protection

The following Private Client practice note Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 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

Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice Note: Coronavirus (COVID-19)—Court of Protection and mental capacity.

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 Practice Direction 3B on case pathways (PD 3B), more formal requirements apply in relation to the bringing of the first category of 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 Protection. Where a particular requirement identified in that note differs from the general principle outlined above,

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