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The Court of Protection Rules 2017

Type Statutory-Instrument

Publication 2017-10-26

Last updated 2025-10-01

State In force

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(ii) judicial continuity, so far as practicable;

(d) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(e) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(f) deciding promptly—

(i) which issues need a full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(g) deciding the order in which issues are to be resolved;

(h) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate;

(i) fixing timetables or otherwise controlling the progress of the case;

(j) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(k) dealing with as many aspects of the case as the court can on the same occasion;

(l) dealing with the case without the parties needing to attend at court;

(m) making use of technology;

(n) giving directions to ensure that the case proceeds quickly and efficiently;

(o) considering whether any hearing should be heard in public; and

(p) considering whether any document relating to proceedings should be a public document and, if so, whether and to what extent it should be redacted.

(Rules 4.2 to 4.4 make provision about the court's powers to authorise publication of information about proceedings and to order that a hearing be held in public.)

1

(1) The parties are required to help the court to further the overriding objective.

(2) Without prejudice to the generality of paragraph (1), each party is required to—

(a) ask the court to take steps to manage the case if—

(i) an order or direction of the court appears not to deal with an issue; or

(ii) if a matter including any new circumstances, issue or dispute arises of which the court is unaware;

(b) identify before issue if the case is within the scope of one of the case pathways and comply with the requirements of the applicable case pathway;

(c) co-operate with the other parties and with the court in identifying and narrowing the issues that need to be determined by the court, and the timetable for that determination;

(d) adhere to the timetable set by these Rules and by the court;

(e) comply with all directions and orders of the court;

(f) be full and frank in the disclosure of information and evidence to the court (including any disclosure ordered under Part 16);

(g) co-operate with the other parties in all aspects of the conduct of the proceedings, including in the preparation of bundles.

(3) If the court determines that any party has failed without reasonable excuse to satisfy the requirements of this rule, it may under rule 19.5 depart from the general rules about costs in so far as they apply to that party.

(Rule 16.2(2) deals with the requirements of general disclosure.)

1

(1) Legal representatives of parties are required to help the court to further the overriding objective.

(2) Without prejudice to the generality of paragraph (1), a legal representative of a party must—

(a) comply with any applicable rules, practice directions or orders of the court;

(b) follow (where appropriate) the applicable case pathway; and

1

(1) Without prejudice to the generality of rule 1.4, unrepresented litigants are required to help the court to further the overriding objective.

(2) This includes—

(a) engaging with the process applicable in the case and co-operating with the court and the other parties;

(b) seeking the court's direction if an issue or dispute arises in the case;

(d) seeking early resolution of any dispute where practicable.

2

In these Rules—

“the Act” means the Mental Capacity Act 2005;

“accredited legal representative” means a legal representative authorised pursuant to a scheme of accreditation approved by the President to represent persons meeting the definition of “P” in this rule in proceedings before the court;

“applicant” means a person who makes, or who seeks permission to make, an application to the court;

“application form” means the document that is to be used to begin proceedings in accordance with Part 9 of these Rules or any other provision of these Rules or the practice directions which requires the use of an application form;

“application notice” means the document that is to be used to make an application in accordance with Part 10 of these Rules or any other provision of these Rules or the practice directions which requires the use of an application notice;

“attorney” means the person appointed as such by an enduring power of attorney created, or purporting to have been created, in accordance with the regulations mentioned in paragraph 2 of Schedule 4 to the Act;

“business day” means a day other than—a Saturday, Sunday, Christmas Day or Good Friday; ora bank holiday in England and Wales, under the Banking and Financial Dealings Act 1971 ;

“child” means a person under 18;

“civil restraint order” means an order restraining a party—from making any further applications in current proceedings (a limited civil restraint order);from making certain applications in the Court of Protection (an extended civil restraint order); orfrom making any application in the Court of Protection (a general civil restraint order);

“court” means the Court of Protection;

“deputy” means a deputy appointed under the Act;

“donee” means the donee of a lasting power of attorney;

“donor” means the donor of a lasting power of attorney, except where the expression is used in rule 9.8 or 24.4(5) (where it means the donor of an enduring power of attorney);

“enduring power of attorney” means an instrument created in accordance with such of the regulations mentioned in paragraph 2 of Schedule 4 to the Act as applied when it was executed;

“filing” in relation to a document means delivering it, by post or otherwise, to the court office;

“hearing” includes a hearing conducted by telephone, video link, or any other method permitted or directed by the court;

“judge” means a judge nominated to be a judge of the court under the Act;

“lasting power of attorney” has the meaning given in section 9 of the Act;

“legal representative” means a—barrister;solicitor;solicitor's employee;manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; orperson who, for the purposes of the Legal Services Act 2007 , is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),who has been instructed to act for a party in relation to any application;

“legally aided person” means a person to whom civil legal services (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ) have been made available under arrangements made for the purposes of Part 1 of that Act;

“order” includes a declaration made by the court;

“P” means—any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter that is the subject of an application to the court; anda relevant person as defined by paragraph 7 of Schedule A1 to the Act,and references to a person who lacks capacity are to be construed in accordance with the Act;

“party” is to be construed in accordance with rule 9.13;

“personal welfare” is to be construed in accordance with section 17 of the Act;

“President” and “Vice-President” refer to those judges appointed as such under section 46(3)(a) and (b) of the Act;

“property and affairs” is to be construed in accordance with section 18 of the Act;

“protected party” means a party or an intended party (other than P or a child) who lacks capacity to conduct the proceedings;

“representative” means a person appointed under rule 1.2(2)(c), except where the context otherwise requires;

“respondent” means a person who is named as a respondent in the application form or notice, as the case may be;

“rule 1.2 representative” means a representative or an accredited legal representative;

“Senior Judge” means the judge who has been nominated to be Senior Judge under section 46(4) of the Act, and references in these Rules to a circuit judge include the Senior Judge;

“Tier 1 Judge” means any judge nominated to act as a judge of the Court of Protection under section 46 of the Act who is neither a Tier 2 Judge nor a Tier 3 Judge;

“Tier 2 Judge” means—the Senior Judge; andsuch other judges nominated to act as a judge of the Court of Protection under section 46 of the Act as may be set out in the relevant practice direction;

“Tier 3 Judge” means—the President;the Vice-President; andsuch other judges nominated to act as a judge of the Court of Protection under section 46 of the Act as may be set out in the relevant practice direction;

“Visitor” means a person appointed as such by the Lord Chancellor under section 61 of the Act.

2

(1) Where these Rules permit or require the court to perform an act of a purely formal or administrative character, that act may be performed by a court officer.

(2) A requirement that a court officer carry out any act at the request of any person is subject to the payment of any fee required by a fees order for the carrying out of that act.

2

(1) The Senior Judge or the President or the Vice-President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as may be set out in the relevant practice direction.

(2) A court officer who has been authorised under paragraph (1)—

(a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer's opinion, to be considered by a judge;

(b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and

(c) may not deal with an application for the reconsideration of an order made by that court officer or another court officer.

2

(1) This rule shows how to calculate any period of time which is specified—

(a) by these Rules;

(b) by a practice direction; or

(2) A period of time expressed as a number of days must be computed as clear days.

(3) In this rule, “clear days” means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is 7 days or less, and would include a day which is not a business day, that day does not count.

(5) When the specified period for doing any act at the court office ends on a day on which the office is closed, that act will be done in time if done on the next day on which the court office is open.

2

(1) In any case not expressly provided for by these Rules or the practice directions made under them, the court may apply either the Civil Procedure Rules 1998 or the Family Procedure Rules 2010 (including in either case the practice directions made under them) with any necessary modifications, in so far as is necessary to further the overriding objective.

(2) A reference in these Rules to the Civil Procedure Rules 1998 or to the Family Procedure Rules 2010 is to the version of those rules in force at the date specified for the purpose of that reference in the relevant practice direction.

2

(1) Practice directions may make provision for the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings—

(a) for specified periods; and

(b) in relation to proceedings—

(i) in specified parts of the country; or

(ii) relating to specified types of application.

(2) Practice directions may modify or disapply any provision of these Rules during the operation of such pilot schemes.

3

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) The court may—

(a) extend or shorten the time for compliance with any rule, practice direction, or court order or direction (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(c) require P, a party, a party's legal representative or litigation friend, or P's rule 1.2 representative, to attend court;

(d) hold a hearing and receive evidence by telephone or any other method of direct oral communication;

(e) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(f) consolidate proceedings;

(g) hear two or more applications on the same occasion;

(h) direct a separate hearing of any issue;

(i) decide the order in which issues are to be heard;

(j) exclude an issue from consideration;

(k) dismiss or give judgment on an application after a decision is made on a preliminary basis;

(l) direct any party to file and serve an estimate of costs;

(m) direct or limit the means of communication to be used by the parties; and

(n) take any step or give any direction for the purpose of managing the case and furthering the overriding objective.

(3) A judge to whom a matter is allocated may, if the judge considers that the matter is one which ought properly to be dealt with by another judge, transfer the matter to such a judge.

(4) Where the court gives directions it may take into account whether or not a party has complied with any rule or practice direction.

(5) The court may make any order it considers appropriate even if a party has not sought that order.

(6) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

(Rules 1.3 to 1.6 concern the duty of the court to further the overriding objective by actively managing cases, and the duty of parties, legal representatives and unrepresented litigants to assist the court in furthering the overriding objective.)

3

(1) This rule applies in any proceedings where at least one party is unrepresented.

(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.

(3) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

(4) At any hearing when the court is taking evidence, this may include—

(a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

(b) putting or causing to be put to the witness such questions as may appear to the court to be proper.

3

In addition to its general powers and the powers listed in rule 3.1, the court may dispense with the requirements of any rule.

3

(1) Except where these Rules or another enactment make different provision, the court may exercise its powers on its own initiative.

(2) The court may make an order on its own initiative without hearing the parties or giving them the opportunity to make representations.

(3) Where the court proposes to make an order on its own initiative it may give the parties and any other person it thinks fit an opportunity to make representations and, where it does so, must specify the time by which, and the manner in which, the representations must be made.

(4) Where the court proposes—

(a) to make an order on its own initiative; and

(b) to hold a hearing to decide whether to make the order,

it must give the parties and may give any person it thinks likely to be affected by the order at least 3 days' notice of the hearing.

3

Where there has been an error of procedure, such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may waive the error or require it to be remedied or may make such other order as appears to the court to be just.

3

(1) This rule and rule 3.7 are subject to any provision made by a practice direction in respect of the case pathway to which the case is allocated.

(2) As soon as practicable after any application has been issued the court shall consider how to deal with it.

(3) Where permission to start proceedings is required, and whether or not it has been applied for, the court's consideration under paragraph (2) shall include whether to grant or refuse permission without a hearing, or to direct a hearing to consider whether permission should be granted.

(4) The court may deal with an application or any part of an application at a hearing or without a hearing.

(5) In considering whether it is necessary to hold a hearing, the court shall, as appropriate, have regard to—

(a) the nature of the proceedings and the orders sought;

(b) whether the application is opposed by a person who appears to the court to have an interest in matters relating to P's best interests;

(d) the complexity of the facts and the law;

(e) any wider public interest in the proceedings;

(f) the circumstances of P and of any party, in particular as to whether their rights would be adequately protected if a hearing were not held;

(g) whether the parties agree that the court should dispose of the application without a hearing; and

(h) any other matter specified in the relevant practice direction.

(6) Where the court considers that a hearing is necessary it shall—

(a) give notice of the hearing date to the parties and to any other person it directs;

(b) state what is to be dealt with at the hearing, including whether the matter is to be disposed of at that hearing; and

(i) for the hearing or any part of it to be in public; and

(ii) to make any order under rule 4.1, 4.2 or 4.3.

(Rule 3.9 and Practice Direction 3B make provision about the case pathways.)

3

(1) The court may—

(a) give directions in writing; or

(b) set a date for a directions hearing; and

(2) When giving directions, the court may do any of the following—

(a) require a report under section 49 of the Act and give directions as to any such report;

(b) give directions as to any requirements contained in these Rules or a practice direction for the giving of notification to any person or for that person to do anything in response to a notification;

(c) if the court considers that any other person or persons should be a party to the proceedings, give directions joining them as a party;

(d) if the court considers that any party to the proceedings should not be a party, give directions for that person's removal as a party;

(e) give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the hearing;

(f) subject to rule 3.8, give directions as to the type of judge who is to hear the case;

(g) give directions as to whether the proceedings or any part of them are to be heard in public, or as to whether any particular person should be permitted to attend the hearing, or as to whether any publication of the proceedings is to be permitted;

(h) give directions as to the disclosure of documents, service of witness statements and any expert evidence;

(i) give directions as to the attendance of witnesses and as to whether, and the extent to which, cross-examination will be permitted at any hearing; and

(j) give such other directions as the court may think fit.

(3) The court may give directions at any time—

(a) on its own initiative; or

(b) on the application of a party.

(4) Subject to paragraphs (5) and (6) and unless these Rules or a practice direction provide otherwise or the court directs otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

(5) A party must apply to the court if that party wishes to vary—

(a) the date the court has fixed for the final hearing; or

(b) the period within which the final hearing is to take place.

(6) The time specified by a rule or practice direction or by the court may not be varied by the parties if the variation would make it necessary to vary the date the court has fixed for any hearing or the period within which the final hearing is to take place.

(Participation of P in proceedings is addressed in rule 1.2 (participation of P) and Part 17 (litigation friends and rule 1.2 representatives).)

3

(1) A practice direction made under this rule may specify certain categories of case to be dealt with by a specific judge or a specific class of judges.

(2) Applications in any matter other than those specified in the practice direction referred to in paragraph (1) may be dealt with by any judge.

3

(1) This rule provides for the allocation of cases to case pathways.

(2) There are three case pathways—

(a) the Personal Welfare Pathway;

(b) the Property and Affairs Pathway;

(3) Each case shall on issue be allocated to one of the three case pathways unless (subject to paragraph (5)) it is in an excepted class of case.

(4) Excepted classes of case may be specified in a practice direction.

(5) The court may direct that a case shall be allocated to a case pathway notwithstanding that it is in an excepted class of cases.

(6) A practice direction may make provision for—

(a) the scope of each case pathway; and

(b) how cases in each case pathway are to be managed.

(Practice Direction 3B makes provision in relation to the case pathways and excepted classes of case.)

4

(1) The general rule is that a hearing is to be held in private.

(2) A private hearing is a hearing which only the following persons are entitled to attend—

(a) the parties;

(b) P (whether or not a party);

(d) any legal representative of a person specified in any of sub-paragraphs (a) or (b); and

(e) any court officer.

(3) In relation to a private hearing, the court may make an order—

(a) authorising any person, or class of persons, to attend the hearing or a part of it; or

(b) excluding any person, or class of persons, from attending the hearing or a part of it.

(4) The general rule in paragraph (1) does not apply to a hearing for a committal order ....

4

(1) For the purposes of the law relating to contempt of court, information relating to proceedings held in private (whether or not contained in a document filed with the court) may be communicated in accordance with paragraph (2) or (3).

(2) The court may make an order authorising—

(a) the publication or communication of such information or material relating to the proceedings as it may specify; or

(b) the publication of the text or a summary of the whole or part of a judgment or order made by the court.

(3) Subject to any direction of the court, information referred to in paragraph (1) may be communicated in accordance with Practice Direction 4A.

(4) Where the court makes an order under paragraph (2) it may do so on such terms as it thinks fit, and in particular may—

(a) impose restrictions on the publication of the identity of—

(i) any party;

(ii) P (whether or not a party);

(iii) any witness; or

(iv) any other person;

(b) prohibit the publication of any information that may lead to any such person being identified;

(c) prohibit the further publication of any information relating to the proceedings from such date as the court may specify; or

(d) impose such other restrictions on the publication of information relating to the proceedings as the court may specify.

(5) The court may on its own initiative or upon request authorise communication—

(a) for the purposes set out in Practice Direction 4A; or

(b) for such other purposes as it considers appropriate,

of information held by it.

4

(1) The court may make an order—

(a) for a hearing to be held in public;

(b) for a part of a hearing to be held in public; or

(2) Where the court makes an order under paragraph (1), it may in the same order or by a subsequent order—

(a) impose restrictions on the publication of the identity of—

(i) any party;

(ii) P (whether or not a party);

(iii) any witness; or

(iv) any other person;

(b) prohibit the publication of any information that may lead to any such person being identified;

(c) prohibit the further publication of any information relating to the proceedings from such date as the court may specify; or

(d) impose such other restrictions on the publication of information relating to the proceedings as the court may specify.

(3) A practice direction may provide for circumstances in which the court will ordinarily make an order under paragraph (1), and for the terms of the order under paragraph (2) which the court will ordinarily make in such circumstances.

4

(1) Subject to provision in a practice direction made under rule 4.3(3), an order under rule 4.1, 4.2 or 4.3 may be made—

(a) only where it appears to the court that there is good reason for making the order;

(b) at any time; and

(2) A practice direction may make further provision in connection with—

(a) private hearings;

(b) public hearings; or

5

(1) The court will seal or otherwise authenticate with the stamp of the court the following documents on issue—

(a) an application form;

(b) an application notice;

(d) any other document which a rule or practice direction requires to be sealed or stamped.

(2) Where the Rules or any practice direction require a document to be signed, that requirement is satisfied if the signature is printed by computer or other mechanical means.

(3) A practice direction may make provision for documents to be filed or sent to the court by—

(a) facsimile; or

(b) other means.

5

(1) The following documents must be verified by a statement of truth—

(a) an application form, an application notice, an appellant's notice or a respondent's notice, where the applicant (or appellant or respondent as the case may be) seeks to rely upon matters set out in the document as evidence;

(b) a witness statement;

(i) service or non-service; or

(ii) notification or non-notification;

(d) a deputy's declaration; and

(e) any other document required by a rule or practice direction to be so verified.

(2) Subject to paragraph (3), a statement of truth is a statement that—

(a) the party putting forward the document;

(b) in the case of a witness statement, the maker of the witness statement; or

believes that the facts stated in the document being verified are true.

(3) If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a) an application form;

(b) an application notice; or

is a statement that the litigation friend believes that the facts stated in the document being verified are true.

(4) The statement of truth must be signed—

(a) in the case of an application form, an application notice, an appellant's notice or a respondent's notice—

(i) by the party or litigation friend; or

(ii) by the legal representative on behalf of the party or litigation friend; and

(b) in the case of a witness statement, by the maker of the statement.

(5) A statement of truth which is not contained in the document which it verifies must clearly identify that document.

(6) A statement of truth in an application form, an application notice, an appellant's notice or a respondent's notice may be made by—

(a) a person who is not a party; or

(b) two or three parties jointly,

where this is permitted by a relevant practice direction.

5

Nothing in these Rules requires a position statement to be verified by a statement of truth.

5

If an application form, an application notice, an appellant's notice or a respondent's notice is not verified by a statement of truth, the applicant (or appellant or respondent as the case may be) may not rely upon the document as evidence of any of the matters set out in it unless the court permits.

5

If a witness statement is not verified by a statement of truth, it shall not be admissible in evidence unless the court permits.

5

(1) Proceedings for contempt of court may be brought against a person if that person makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(i) by the Attorney General; or

(ii) with the permission of the court.

5

(1) Where a party does not wish to reveal—

(a) his or her home address or telephone number;

(b) P's home address or telephone number;

(d) the address or telephone number of his or her place of business, or the place of business of any of the persons mentioned in sub-paragraphs (b) or (c),

that party must provide those particulars to the court.

(2) Where paragraph (1) applies, the particulars given must not be given to any person unless the court so directs.

(3) Where a party changes home address during the course of the proceedings, that party must give notice in writing of the change to the court.

(4) Where a party does not reveal his or her home address, that party must nonetheless provide an address for service which must be within the jurisdiction of the court.

5

Unless the court orders otherwise, a party to proceedings may inspect or obtain from the records of the court a copy of—

(a) any document filed by a party to the proceedings; or

(b) any communication in the proceedings between the court and—

(i) a party to the proceedings; or

(ii) another person.

5

(1) Subject to rules 5.12 and 4.3(2), a person who is not a party to proceedings may inspect or obtain from the court records a copy of any judgment or order given or made in public.

(2) The court may, on an application made to it, authorise a person who is not a party to proceedings to—

(a) inspect any other documents in the court records; or

(b) obtain a copy of any such documents, or extracts from such documents.

(3) A person making an application for an authorisation under paragraph (2) must do so in accordance with Part 10.

(4) Before giving an authorisation under paragraph (2), the court will consider whether any document is to be provided on an edited basis.

5

(1) Where a document has been filed or disclosed, a party to whom it was provided may use the document only for the purpose of the proceedings in which it was filed or disclosed, except where—

(a) the document has been read to or by the court or referred to at a public hearing; or

(b) the court otherwise permits.

(2) Paragraph (1)(a) is subject to any order of the court made under rule 4.3(2).

5

(1) A party may apply to the court for an order that a specified part of a document is to be edited prior to the document's service or disclosure.

(2) An order under paragraph (1) may be made at any time.

(3) Where the court makes an order under this rule any subsequent use of that document in the proceedings shall be of the document as edited, unless the court directs otherwise.

(4) An application under this rule must be made in accordance with Part 10.

5

(1) This rule applies in any case where the court makes an order—

(a) appointing a person to act as a deputy; or

(b) varying an order under which a deputy has been appointed.

(2) Subject to paragraphs (3) and (6), the Public Guardian is entitled to be supplied with a copy of qualifying documents if the Public Guardian reasonably considers that it is necessary to have regard to them in connection with the discharge of the Public Guardian's functions under section 58 of the Act in relation to supervision of deputies.

(3) The court may direct that the right to be supplied with documents under paragraph (2) does not apply in relation to such one or more documents, or descriptions of documents, as the court may specify.

(4) A direction under paragraph (3) or (6) may be given—

(a) either on the court's own initiative or on an application made to it; and

(b) either—

(i) at the same time as the court makes the order which appoints the deputy, or which varies it; or

(ii) subsequently.

(5) “Qualifying documents” means documents which—

(a) are filed in court in connection with the proceedings in which the court makes the order referred to in paragraph (1); and

(b) are relevant to—

(i) the decision to appoint the deputy;

(ii) any powers conferred on the deputy;

(iii) any duties imposed on the deputy; or

(iv) any other terms applying to those powers and duties which are contained in the order.

(6) The court may direct that any document is to be provided to the Public Guardian on an edited basis.

5

Any order of the court requiring the Public Guardian to do something, or not to do something, must be served on the Public Guardian as soon as practicable and in any event not later than 7 days after the order was made.

5

(1) The court may allow or direct an applicant, at any stage of the proceedings, to amend the application form or notice.

(2) The amendment may be effected by making in writing the necessary alterations to the application form or notice, but if the amendments are so numerous or of such a nature or length that written alteration would make it difficult or inconvenient to read, a fresh document amended as allowed or directed may be required.

5

The court may at any time correct any clerical mistakes in an order or direction or any error arising in an order or direction from any accidental slip or omission.

5

Where an application form or notice, order or direction has been amended under this Part, a note shall be placed on it showing the date on which it was amended, and the alteration shall be sealed.

6

(1) Subject to paragraph (2), the Rules in this Part apply to—

(a) the service of documents; and

(b) the requirements under rule 9.10 for a person to be notified of the issue of an application form,

and references to “serve”, “service”, “notice” and “notify”, and kindred expressions, shall be construed accordingly.

(2) The rules in this Part do not apply where—

(a) any other enactment, a rule in another Part or a practice direction makes different provision; or

(b) the court directs otherwise.

6

(1) The general rule is that the following documents are to be served by the court—

(a) an order or judgment of the court;

(b) an acknowledgment of service or notification; and

(2) Any other document is to be served by the party seeking to rely upon it, except where—

(a) a rule or practice direction provides otherwise; or

(b) the court directs otherwise.

(3) Where the court is to serve a document—

(a) it is for the court to decide which of the methods of service specified in rule 6.3 is to be used; and

(b) if the document is being served on behalf of a party, that party must provide sufficient copies.

6

(1) A document may be served by any of the methods specified in this rule.

(2) Where it is not known whether a solicitor is acting on behalf of a person, the document may be served by—

(a) delivering it to the person personally;

(b) delivering it to the person's home address or last known home address; or

(c) sending it to that address, or last known address, by first class post (or by an alternative method of service which provides for delivery on the next working day).

(3) Where a solicitor—

(a) is authorised to accept service on behalf of a person; and

(b) has informed the person serving the document in writing that the solicitor is so authorised,

the document must be served on the solicitor unless personal service is required by an enactment, rule, practice direction or court order.

(4) Where it appears to the court that there is a good reason to authorise service by a method other than those specified in paragraphs (2), (3) and (6), the court may direct that service is to be effected by that method.

(5) A direction that service is to be effected by an alternative method must specify—

(a) the method of service; and

(b) the date on which the document will be deemed to be served.

(6) Documents may be served by document exchange or electronic communication in accordance with the relevant practice direction.

6

(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on—

(a) a child; or

(b) a protected party.

Type of document	Nature of party	Person to be served
Application form	Child	—A person who has parental responsibility for the child within the meaning of the Children Act 1989 ; or—if there is no such person, a person with whom the child resides or in whose care the child is.
Application form	Protected party	—The person who is authorised to conduct the proceedings in the protected party's name or on the protected party's behalf; or—a person who is a duly appointed attorney, donee or deputy of the protected party; or—if there is no such person, a person with whom the protected party lives or in whose care the protected party is.
Application for an order appointing a litigation friend, where a child or protected party has no litigation friend	Child or protected party	—See rule 17.6 (appointment of litigation friend by court order – supplementary).
Any other document	Child or protected party	—The litigation friend or other duly authorised person who is conducting the proceedings on behalf of the child or protected party.

(2) The court may make an order for service on a child or a protected party by permitting the document to be served on some person other than the person specified in the table in paragraph (1) (which may include service on the child or the protected party).

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than the person specified in the table in paragraph (1), the document is to be treated as if it had been properly served.

(5) This rule does not apply in relation to the service of documents on a child in any case where the court has made an order under rule 17.2(4) permitting the child to conduct proceedings without a litigation friend.

6

(1) If P becomes a party to the proceedings, all documents to be served on P must be served on P's litigation friend or as directed by the court on P's behalf.

(2) The court may make an order for service on P by permitting the document to be served on some person other than the person specified in paragraph (1) (which may include service on P).

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than a person specified in paragraph (1), the document is to be treated as if it had been properly served.

(5) This rule does not apply in relation to the service of documents on P in any case where the court has made an order under rule 17.5(1)(b) (power of court to bring to an end the appointment of a litigation friend).

(Rule 7.3 requires P to be notified where a direction has been made under rule 1.2, and of the appointment of a litigation friend, accredited legal representative or representative.)

6

Where it appears to the court that it is impracticable for any reason to serve a document in accordance with any of the methods provided under rule 6.3, the court may make an order for substituted service of the document by taking such steps as the court may direct to bring it to the notice of the person to be served.

6

(1) A document which is served in accordance with these Rules or any relevant practice direction shall be deemed to be served on the day shown in the following table.

Method of service	Deemed day of service
First class post (or other service for next-day delivery)	The second day after it was posted.
Document exchange	The second day after it was left at the document exchange.
Delivering the document to a permitted address	The day after it was delivered to that address.
Fax	If it is transmitted on a business day before 4 p.m., on that day; orin any other case, on the business day after the day on which it is transmitted.
Other electronic means	The second day after the day on which it is transmitted.

(2) If a document is served personally—

(a) after 5 p.m. on a business day; or

(b) at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.

6

(1) Where a rule, practice direction or court order requires a certificate of service for the document, the certificate must state the details set out in the following table.

Method of service	Details to be certified
First class post (or any other service for next-day delivery)	Date of posting.
Personal service	Date of personal service.
Document exchange	Date when the document was left at the document exchange.
Delivery of the document to a permitted address	Date when the document was delivered to that address.
Fax	Date of transmission.
Other electronic means	Date of transmission and the means used.
Alternative method permitted by the court	As required by the court.

(2) The certificate must be filed within 7 days after service of the document to which it relates.

6

(1) Where an applicant or other person is unable to serve any document under these Rules or as directed by the court, that person must file a certificate of non-service stating the reasons why service has not been effected.

(2) The certificate of non-service must be filed within 7 days of the latest date on which service should have been effected.

6

(1) The court may dispense with any requirement to serve a document.

(2) An application for an order to dispense with service may be made without notice.

6

(1) This rule and rules 6.12 to 6.19 make provision about—

(a) service of application forms and other documents out of the jurisdiction; and

(b) the procedure for service.

(2) In this rule and rules 6.12 to 6.19—

“application form” includes an application notice;

“Commonwealth State” means a State listed in Schedule 3 to the British Nationality Act 1981 ;

“jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“the Service Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965;

“Service Convention country” means a country... which is a party to the Service Convention; and

(3) In rules 6.12 to 6.19, a reference to service by a party includes service by a person who is not a party where service by such a person is required under these Rules.

6

(1) Subject to paragraph (2), any document to be served for the purposes of these Rules may be served out of the jurisdiction without the permission of the court.

(2) An application form may not be served out of the jurisdiction unless the court has power to determine the application to which it relates under the Act.

6

(1) This rule applies where, under these Rules, a party is required to file—

(a) an acknowledgment of service; or

(b) an answer to an application,

and sets out the time period for doing so where the application is served out of the jurisdiction.

(2) Where the applicant serves an application on a respondent in—

(a) Scotland or Northern Ireland; or

(b) a ... Service Convention country within Europe,

the period for filing an acknowledgment of service or an answer to an application is 21 days after service of the application.

(3) Where the applicant serves an application on a respondent in a Service Convention country outside Europe, the period for filing an acknowledgment of service or an answer to an application is 31 days after service of the application.

(4) Where the applicant serves an application on a respondent in a country not referred to in paragraphs (2) and (3), the period for filing an acknowledgment of service or an answer to an application is set out in Practice Direction 6B.

6

(1) This rule contains general provisions about the method of service of an application form or other document on a party out of the jurisdiction. Where service is to be effected on a party in Scotland or Northern Ireland

(2) Where a party serves an application form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by this Part. Where service is to be effected out of the United Kingdom

(3) Where an application form or other document is to be served on a person out of the United Kingdom, it may be served by any method—

(a) provided for by—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) rule 6.16 (service through foreign governments, judicial authorities and British Consular authorities); or

(b) permitted by the law of the country in which it is to be served.

(4) Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the application form or other document is to be served.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

(1) Where an application form or other document is to be served on a person in a Service Convention country, it may be served—

(a) through the authority designated under the Service Convention in respect of that country; or

(b) if the law of that country permits, through—

(i) the judicial authorities of that country; or

(ii) a British Consular authority in that country.

(2) Where an application form or other document is to be served on a person in a country which is not a Service Convention country, it may be served, if the law of that country so permits, through—

(a) the government of that country, where that government is willing to serve it; or

(b) a British Consular authority in that country.

(3) Where an application form or other document is to be served in—

(a) any Commonwealth State which is not a Service Convention country;

(b) the Isle of Man or the Channel Islands; or

the methods of service permitted by paragraphs (1)(b) and (2) are not available and the person wishing to serve, or that person's agent, must effect service direct unless Practice Direction 6B provides otherwise.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

... (A list of British Overseas Territories is reproduced in Practice Direction 6B.)

6

(1) This rule applies where an application form or other document is to be served under rule 6.16(1) or (2).

(2) Where this rule applies, the person wishing to serve must file—

(a) a request for service of the application form or other document, by specifying one or more of the methods in rule 6.16(1) or (2);

(b) a copy of the application form or other document;

(d) any translation required under rule 6.18.

(3) When the person wishing to serve files the documents specified in paragraph (2), the court officer must—

(a) seal, or otherwise authenticate with the stamp of the court, the copy of the application form; and

(b) forward the documents to the Senior Master of the Queen's Bench Division.

(4) The Senior Master shall send documents forwarded under this rule—

(a) where the application form or other document is being served through the authority designated under the Service Convention, to that authority; or

(b) in any other case, to the Foreign, Commonwealth and Development Office with a request that it arranges for the application form or other document to be served.

(5) An official certificate which—

(a) states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b) states, where more than one method is requested under paragraph (2)(a), which method was used; and

(i) a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii) the government or judicial authorities in that country; or

(iii) the authority designated in respect of that country under the Service Convention,

is evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate unless it is proved not to be.

6

(1) Except where paragraphs (4) and (5) apply, every copy of the application form or other document filed under rule 6.16 (service through foreign governments, judicial authorities and British Consular authorities) must be accompanied by a translation of the application form or other document.

(2) The translation must be—

(a) in the official language of the country in which it is to be served; or

(b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the application form or other document is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person's name, address and qualifications for making the translation.

(4) The applicant is not required to file a translation of the application form or other document filed under rule 6.16 where it is to be served in a country of which English is an official language.

(5) The applicant is not required to file a translation of the application form or other document filed under rule 6.16 where—

(a) the person on whom the document is to be served is able to read and understand English; and

(b) service of the document is to be effected directly on that person.

...

6

Every request for service under rule 6.17 (procedure where service is to be through foreign governments, judicial authorities, etc.) must contain an undertaking by the person making the request—

(a) to be responsible for all expenses incurred by the Foreign, Commonwealth and Development Office or foreign judicial authority; and

(b) to pay those expenses to the Foreign, Commonwealth and Development Office or foreign judicial authority on being informed of the amount.

7

(1) Subject to paragraphs (2) and (3), the rules in this Part apply where P is to be given notice of any matter or document, or is to be provided with any document, either under the Rules or in accordance with an order or direction of the court.

(2) Subject to rule 7.3, if P becomes a party, the rules in this Part do not apply and service is to be effected in accordance with Part 6 or as directed by the court.

(3) In any case the court may, either on its own initiative or on application, direct that P must not be notified of any matter or document, or provided with any document, whether in accordance with this Part or at all.

(4) Subject to paragraph (5), where P is a child—

(a) if the person to be notified under this rule is a person with parental responsibility for the child within the meaning of the Children Act 1989 or, if there is no such person, a person with whom the child resides or in whose care the child is;

(b) all references to “P” in this Part, except that in paragraph (2), are to be read as referring to the person notified in accordance with sub-paragraph (a).

(5) Paragraph (4) does not apply, and there is no requirement to notify P, where the person referred to in paragraph (4)(a) has already been served or notified of the relevant matter in accordance with another rule or practice direction.

7

(1) Where P is to be notified under this Part, notification must be effected by—

(a) the applicant;

(b) the appellant (where the matter relates to an appeal);

(d) such other person as the court may direct.

(2) The person within paragraph (1) is referred to in this Part as “the person effecting notification”.

7

P must be notified—

(a) where a direction has been made under rule 1.2; and

(b) of the appointment of a litigation friend, accredited legal representative or representative on P's behalf.

7

(1) P must be notified—

(a) that an application form has been issued by the court;

(b) that an application form has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the application.

(2) Where P is to be notified that an application form has been issued, the person effecting notification must explain to P—

(a) who the applicant is;

(b) that the application raises the question of whether P lacks capacity in relation to a matter or matters, and what that means;

(d) where the application contains a proposal for the appointment of a person to make decisions on P's behalf in relation to the matter to which the application relates, details of who that person is.

(3) Where P is to be notified that an application form has been withdrawn, the person effecting notification must explain to P—

(a) that the application form has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

7

(1) P must be notified—

(a) that an appellant's notice has been issued by the court;

(b) that an appellant's notice has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the appellant's notice.

(2) Where P is to be notified that an appellant's notice has been issued, the person effecting notification must explain to P—

(a) who the appellant is;

(b) the issues raised by the appeal; and

(3) Where P is to be notified that an appellant's notice has been withdrawn, the person effecting notification must explain to P—

(a) that the appellant's notice has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

7

(1) P must be notified of any decision of the court relating to P except for a case management decision.

(2) Where P is notified in accordance with this rule, the person effecting notification must explain to P the effect of the decision.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

(4) The person effecting notification must also provide P with a copy of any order relating to a decision of which P must be notified in accordance with paragraph (1).

7

(1) This rule applies where the court directs that P is to be notified of any other matter.

(2) The person effecting notification must explain to P such matters as may be directed by the court.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

7

(1) Where P is to be notified under this Part, the person effecting notification must provide P with, or arrange for P to be provided with, the information specified in rules 7.3 to 7.7 in a way that is appropriate to P's circumstances (for example, using simple language, visual aids or any other appropriate means).

(2) The information referred to in paragraph (1) must be provided to P personally.

(3) P must be provided with the information mentioned in paragraph (1) as soon as practicable and in any event within 14 days of the date on which—

(a) the application form or appellant's notice was issued or withdrawn;

(b) the decision was made;

(c) the person effecting notification received the notice of hearing from the court and in any event no later than 14 days before the date specified in the notice of the hearing; and

(d) the order referred to in rule 7.6(4) was served upon the person who is required to effect notification of P under that rule,

as the case may be.

(4) Where the provisions of rule 7.1(4) apply, paragraphs (1) and (2) of this rule do not apply and the person effecting notification may provide information and documents of which P must be notified to the person to be notified under rule 7.1(4), by any method by which service of documents would be permitted under rule 6.3.

7

Where P is notified that an application form or an appellant's notice has been issued, P must also be provided with a form for acknowledging notification.

7

(1) The person effecting notification must, within 7 days beginning with the date on which notification in accordance with this Part was given, file a certificate of notification which certifies—

(a) the date on which, and how, P was notified; and

(b) that P was notified in accordance with this Part.

(2) Subject to paragraph (3), the person effecting notification in accordance with this Part must in the certificate required by paragraph (1) describe the steps taken to enable P to understand, and the extent to which P appears to have understood, the information.

(3) Where the provisions of rule 7.1(4) apply, paragraph (2) does not apply.

7

(1) The applicant, the appellant or other person directed by the court to effect notification may apply to the court seeking an order—

(a) dispensing with the requirement to comply with the provisions in this Part; or

(b) requiring some other person to comply with the provisions in this Part.

(2) An application under this rule must be made in accordance with Part 10.

8

Subject to these Rules and to section 50(1) of, and paragraph 20 of Schedule 3 to, the Act, the applicant must apply for permission to start proceedings under the Act. (Section 50(1) of the Act specifies the persons who do not need to apply for permission. Paragraph 20 of Schedule 3 to the Act specifies an application for which permission is not needed.)

8

The permission of the court is not required—

(a) where an application is made by—

(i) the Official Solicitor; or

(ii) the Public Guardian;

(b) where the application concerns—

(i) P's property and affairs;

(ii) a lasting power of attorney which is, or purports to be, created under the Act; or

(iii) an instrument which is, or purports to be, an enduring power of attorney;

(d) where an application is made for an order under section 16(2)(a) of the Act, which is to be relied on to authorise the deprivation of P's liberty pursuant to section 4A(3) of the Act ;

(e) where an application is made in accordance with Part 10;

(f) where a person files an acknowledgment of service or notification in accordance with this Part or Part 9, for any order proposed that is different from that sought by the applicant; or

(g) in any other case specified for this purpose in a practice direction.

8

Where part of the application concerns a matter which requires permission, and part of it does not, permission need only be sought for that part of it which requires permission.

8

Where permission is required, the applicant must apply for permission when making an application. (Rule 3.6(3) explains how the court will deal with an application for permission.)

8

The court must serve—

(a) the order granting or refusing permission;

(b) if refusing permission without a hearing, the reasons for its decision in summary form; and

on the applicant and on any other person served with or notified of the application form.

8

Where the court grants or refuses permission following a hearing, any appeal against the permission decision shall be dealt with in accordance with Part 20 (appeals). (Rule 13.4 deals with reconsideration of orders and decisions made without a hearing or without notice to any person who is affected by such order or decision.)

9

(1) Subject to paragraph (3), applications to the court to start proceedings must be made in accordance with this Part and, as applicable, Parts 7 and 8 and the relevant practice directions.

(2) The appropriate forms must be used in the cases to which they apply, with such variations as the case requires, but not so as to omit any information or guidance which any form gives to the intended recipient.

(3) Practice Direction 9H makes additional and different provision for property and affairs deputyship applications.

9

(1) The general rule is that proceedings are started when the court issues an application form at the request of the applicant.

(2) An application form is issued on the date entered on the application form by the court.

9

The application form must—

(a) state the matter which the applicant wants the court to decide;

(b) state the order which the applicant is seeking;

(i) the applicant;

(ii) P;

(iii) as a respondent, any person (other than P) whom the applicant reasonably believes to have an interest which means that that person ought to be heard in relation to the application (as opposed to being notified of it in accordance with rule 9.10);

(iv) any person whom the applicant intends to notify in accordance with rule 9.10; and

(d) if the applicant is applying in a representative capacity, state what that capacity is.

9

Where an applicant files the application form with the court, the applicant must also file—

(a) in accordance with the relevant practice direction, any evidence on which the applicant intends to rely;

(b) an assessment of capacity form, where this is required by the relevant practice direction;

(d) such other information and material as may be set out in a practice direction.

9

As soon as practicable after an application form is filed the court must issue it and do anything else that may be set out in a practice direction.

9

(1) As soon as practicable and in any event within 14 days of the date on which the application form was issued, the applicant must serve a copy of the application form on any person who is named as a respondent in the application form, together with copies of any documents filed in accordance with rule 9.4 and a form for acknowledging service.

(2) The applicant must file a certificate of service within 7 days beginning with the date on which the documents were served.

9

(1) Where the application concerns the powers of the court under section 22 or 23 of the Act (powers of the court in relation to the validity and operation of lasting powers of attorney) the applicant must serve a copy of the application form, together with copies of any documents filed in accordance with rule 9.4 and a form for acknowledging service—

(a) unless the applicant is the donor or donee of the lasting power of attorney (“the power”), on the donor and every donee of the power;

(b) if the applicant is the donor, on every donee of the power; or

but only if the persons mentioned in sub-paragraphs (a) to (c) have not been served or notified under any other rule.

(2) Where the application is solely in respect of an objection to the registration of the power, the requirements of rules 9.6 and 9.10 do not apply to an application made under this rule by—

(a) a donee of the power; or

(b) a person named in a statement made by the donor of the power in accordance with paragraph 2(1)(c)(i) of Schedule 1 to the Act.

(3) The applicant must comply with paragraph (1) as soon as practicable and in any event within 14 days of the date on which the application form was issued.

(4) The applicant must file a certificate of service with 7 days beginning with the date on which the documents were served.

(5) Where the applicant knows or has reasonable grounds to believe that the donor of the power lacks capacity to make a decision in relation to any matter that is the subject of the application, the applicant must notify the donor in accordance with Part 7.

9

(1) Where the application concerns the powers of the court under paragraphs 2(9), 4(5)(a) and (b), 7(2), 10(c), 13, or 16(2), (3), (4) and (6) of Schedule 4 to the Act, the applicant must serve a copy of the application form, together with copies of any documents filed in accordance with rule 9.4 and a form for acknowledging service—

(a) unless the applicant is the donor or attorney under the enduring power of attorney (“the power”), on the donor and every attorney under the power;

(b) if the applicant is the donor, on every attorney under the power; or

but only if the persons mentioned in sub-paragraphs (a) to (c) have not been served or notified under any other rule.

(2) Where the application is solely in respect of an objection to the registration of the power, the requirements of rules 9.6 and 9.10 do not apply to an application made under this rule by—

(a) an attorney under the power; or

(b) a person listed in paragraph 6(1) of Schedule 4 to the Act.

(3) The applicant must comply with paragraph (1) as soon as practicable and in any event within 14 days of the date on which the application form was issued.

(4) The applicant must file a certificate of service within 7 days beginning with the date on which the documents were served.

(5) Where the applicant knows or has reasonable grounds to believe that the donor of the power lacks capacity to make a decision in relation to any matter that is the subject of the application, the applicant must notify the donor in accordance with Part 7.

9

P must be notified in accordance with Part 7 that an application form has been issued, unless the requirement to do so has been dispensed with under rule 7.11.

9

(1) As soon as practicable and in any event within 14 days of the date on which the application form was issued, the applicant must notify the persons specified in the relevant practice direction—

(a) that an application has been issued;

(b) whether it relates to the exercise of the court's jurisdiction in relation to P's property and affairs, or P's personal welfare, or to both; and

(2) Notification of the issue of the application form must be accompanied by a form for acknowledging notification.

(3) The applicant must file a certificate of notification within 7 days beginning with the date on which notification was given.

9

A practice direction may make additional or different provision in relation to specified applications.

9

(1) A person who is served with or notified of an application form and who wishes to take part in proceedings must file an acknowledgment of service or notification in accordance with this rule.

(2) The acknowledgment of service or notification must be filed not more than 14 days after the application form was served or notification of the application was given.

(3) The court must serve the acknowledgment of service or notification on the applicant and on any other person who has filed such an acknowledgment.

(4) The acknowledgment of service or notification must—

(a) state whether the person acknowledging service or notification consents to the application;

(b) state whether that person opposes the application and, if so, set out the grounds for doing so;

(c) state whether that person seeks a different order from that set out in the application form and, if so, set out what that order is;

(d) provide an address for service, which must be within the jurisdiction of the court;; and

(e) be signed by that person or that person's legal representative.

(5) Subject to rules 15.2 and 15.5 (restriction on filing an expert's report and court's power to restrict expert evidence), unless the court directs otherwise, where a person who has been served in accordance with rule 9.6, 9.7 or 9.8 opposes the application or seeks a different order, that person must within 28 days of such service file a witness statement containing any evidence upon which that person intends to rely.

(6) In addition to complying with the other requirements of this rule, an acknowledgment of notification filed by a person notified of the application in accordance with rule 9.7(5), 9.8(5), 9.9 or 9.10 must—

(a) indicate whether the person wishes to be joined as a party to the proceedings; and

(b) state the person's interest in the proceedings.

(7) Subject to rules 15.2 and 15.5 (restriction on filing an expert's report and court's power to restrict expert evidence), unless the court directs otherwise, where a person has been notified in accordance with rule 9.7(5), 9.8(5), 9.9 or 9.10, that person must within 28 days of such notification file a witness statement containing any evidence of that person's interest in the proceedings and, if that person opposes the application or seeks a different order, any evidence upon which that person intends to rely.

(8) The court must consider whether to join a person mentioned in paragraph (6) as a party to the proceedings and, if it decides to do so, must make an order to that effect.

(9) Where a person who is notified in accordance with rule 9.7(5), 9.8(5), 9.9 or 9.10 complies with the requirements of this rule, that person need not comply with the requirements of rule 9.15 (application to be joined as a party).

(10) A practice direction may make provision about responding to applications.

9

(1) Unless the court directs otherwise, the parties to any proceedings are—

(a) the applicant; and

(b) any person who is named as a respondent in the application form and who files an acknowledgment of service in respect of the application form.

(2) The court may order a person to be joined as a party if it considers that it is desirable to do so for the purpose of dealing with the application.

(3) The court may at any time direct that any person who is a party to the proceedings is to be removed as a party.

(4) Unless the court orders otherwise, P shall not be named as a respondent to any proceedings.

(5) A party to the proceedings is bound by any order or direction of the court made in the course of those proceedings.

9

(1) The persons mentioned in paragraph (2) shall be bound by any order made or directions given by the court in the same way that a party to the proceedings is so bound.

(2) The persons referred to in paragraph (1) are—

(a) P; and

(b) any person who has been served with or notified of an application form in accordance with these Rules.

9

(1) Any person with sufficient interest may apply to the court to be joined as a party to the proceedings.

(2) An application to be joined as a party must be made by filing an application notice in accordance with Part 10, which must—

(a) state the full name and address of the person seeking to be joined as a party to the proceedings;

(b) state that person's interest in the proceedings;

(d) state whether that person opposes the application and, if so, set out the grounds for doing so;

(e) state whether that person proposes that an order different from that set out in the application form should be made and, if so, set out what that order is;

(f) provide an address for service, which must be within the jurisdiction of the court; and

(g) be signed by that person or that person's legal representative.

(3) Subject to rules 15.2 and 15.5 (restriction on filing an expert's report and court's power to restrict expert evidence), a person's application to be joined must be accompanied by—

(a) a witness statement containing evidence of that person's interest in the proceedings and, if that person proposes that an order different from that set out in the application form should be made, the evidence on which that person intends to rely; and

(b) a sufficient number of copies of the application notice to enable service of the application on every other party to the proceedings.

(4) The court must serve the application notice and any accompanying documents on all parties to the proceedings.

(5) The court must consider whether to join a person applying under this rule as a party to the proceedings and, if it decides to do so, must make an order to that effect.

9

A person who wishes to be removed as a party to the proceedings must apply to the court for an order to that effect in accordance with Part 10.

10

(1) The Part 10 procedure is the procedure set out in this Part.

(2) The Part 10 procedure may be used if the application is made by any person—

(a) in the course of existing proceedings; or

(b) as provided for in a rule or practice direction.

(3) The court may grant an interim remedy before an application form has been issued only if—

(a) the matter is urgent; or

(b) it is otherwise necessary to do so in the interests of justice.

(4) An application made during the course of existing proceedings includes an application made during appeal proceedings.

(5) Where the application seeks solely to withdraw an existing application—

(a) the applicant must file a written request for permission setting out succinctly the reasons for the request;

(b) the request must be in an application notice;

(c) the court may permit an application to be made orally at a hearing or in such alternative written form as it thinks fit.

(6) Where the court deals with a written request under paragraph (5) without a hearing, rule 13.4 applies to any order so made.

(Rule 13.2 requires the court's permission to withdraw proceedings.)

10

(1) Subject to paragraph (5), the applicant must file an application notice to make an application under this Part.

(2) The applicant must, when filing the application notice, file the evidence on which the applicant relies (unless such evidence has already been filed).

(3) The court must issue the application notice and, if there is to be a hearing, give notice of the date on which the matter is to be heard by the court.

(4) Notice under paragraph (3) must be given to—

(a) the applicant;

(b) anyone who is named as a respondent in the application notice (if not otherwise a party to the proceedings);

(d) any other person, as the court may direct.

(5) An applicant may make an application under this Part without filing an application notice if—

(a) this is permitted by any rule or practice direction; or

(b) the court dispenses with the requirement for an application notice.

(6) If the applicant makes an application without giving notice, the evidence in support of the application notice must state why notice has not been given.

10

An application notice must state—

(a) what order or direction the applicant is seeking;

(b) briefly, the grounds on which the applicant is seeking the order or direction; and

10

(1) Subject to paragraphs (4) and (5), the applicant must serve a copy of the application notice on—

(a) anyone who is named as a respondent in the application notice (if not otherwise a party to the proceedings);

(b) every party to the proceedings; and

as soon as possible and in any event within 14 days of the date on which it was issued.

(2) The application notice must be accompanied by a copy of the evidence filed in support.

(3) The applicant must file a certificate of service within 7 days beginning with the date on which the documents were served.

(4) This rule does not require a copy of evidence to be served on a person on whom it has already been served, but the applicant must in such a case give to that person notice of the evidence on which the applicant intends to rely.

(5) An application may be made without serving a copy of the application notice if this is permitted by—

(a) a rule;

(b) a practice direction; or

10

(1) This rule applies where the court has dealt with an application which was made without notice having been given to any person.

(2) Where the court makes an order, whether granting or dismissing the application, the applicant must, as soon as practicable or within such period as the court may direct, serve the documents mentioned in paragraph (3) on—

(a) anyone named as a respondent in the application notice (if not otherwise a party to the proceedings);

(b) every party to the proceedings; and

(3) The documents referred to in paragraph (2) are—

(a) a copy of the application notice;

(b) the court's order; and

(Rule 13.4 provides for reconsideration of orders made without a hearing or without notice to a person.)

10

(1) A respondent to any application may apply for security for the respondent's costs of the proceedings.

(2) An application for security for costs must be supported by written evidence.

(3) Where the court makes an order for security for costs, it must—

(a) determine the amount of security; and

(b) direct—

(i) the manner in which; and

(ii) the time within which,

the security must be given.

10

(1) The court may make an order for security for costs under rule 10.6—

(a) if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b) if—

(i) one or more of the conditions in paragraph (2) applies; or

(ii) an enactment permits the court to require security for costs.

(2) The conditions are—

(a) the applicant is resident out of the jurisdiction;

(b) the applicant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the respondent's costs if ordered to do so;

(c) the applicant has changed address since proceedings were commenced with a view to avoiding the consequences of the litigation;

(d) the applicant failed to give an address, or gave an incorrect address, in the application form commencing the proceedings;

(e) the applicant is acting as a nominal applicant and there is reason to believe that the applicant will be unable to pay the respondent's costs if ordered to do so;

(f) the applicant has taken steps in relation to the applicant's assets that would make it difficult to enforce an order for costs against the applicant.

10

(1) The respondent may seek an order against a person other than the applicant, and the court may make an order for security for costs against that person, if—

(a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b) one or more of the conditions in paragraph (2) applies.

(2) The conditions are that the person—

(a) has assigned the right to the substantive matter to the applicant with a view to avoiding the possibility of a costs order being made against the person; or

(b) has contributed or agreed to contribute to the applicant's costs in return for a share of any money or property which the applicant may recover or be awarded in the proceedings; and

is a person against whom a costs order may be made.

(Rule 19.12 makes provision about costs orders against non-parties.)

10

(1) The court may order security for costs of an appeal against—

(a) an appellant;

(b) a respondent who also appeals,

on the same grounds as it may order security for costs against an applicant under rule 10.6.

(2) The court may also make an order under paragraph (1) where the appellant or the respondent who also appeals is a limited company and there is reason to believe it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.

10

(1) The court may grant the following interim remedies—

(a) an interim injunction;

(b) an interim declaration; or

(2) Unless the court orders otherwise, a person on whom an application form is served under Part 9, or who is given notice of such an application, may not apply for an interim remedy before filing an acknowledgment of service or notification in accordance with Part 9.

(3) This rule does not limit any other power of the court to grant interim relief.

11

The practice direction to this Part sets out procedure governing—

(a) applications to the court for orders relating to the deprivation, or proposed deprivation, of liberty of P; and

(b) proceedings (for example, relating to costs or appeals) connected with or consequent on such applications.

12

(1) A party who seeks to rely upon any provision of or right arising under the Human Rights Act 1998 (“the 1998 Act”) or who seeks a remedy available under that Act must inform the court in the manner set out in the relevant practice direction specifying—

(a) the Convention right (within the meaning of the 1998 Act) which it is alleged has been infringed and details of the alleged infringement; and

(b) the remedy sought and whether this includes a declaration of incompatibility under section 4 of the 1998 Act.

(2) The court may not make a declaration of incompatibility unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.

(3) Where notice has been given to the Crown, a Minister or other person permitted by the 1998 Act shall be joined as a party on filing an application in accordance with rule 9.15 (application to be joined as a party).

13

(1) A person who wishes to—

(a) dispute the court's jurisdiction to hear an application; or

(b) argue that the court should not exercise its jurisdiction,

may apply to the court at any time for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction that it may have.

(2) An application under this rule must be—

(a) made by using the form specified in the relevant practice direction; and

(b) supported by evidence.

(3) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision, including—

(a) setting aside the application;

(b) discharging any order made;

(d) discharging any litigation friend or rule 1.2 representative.

13

(1) Proceedings may only be withdrawn with the permission of the court.

(2) An application to withdraw proceedings must be made in accordance with Part 10.

13

(1) The court may hear P on the question of whether or not an order should be made, whether or not P is a party to the proceedings.

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