Court of Protection Rules and Practice Direction Changes

14/12/2017

Hannah Taylor

Hannah Taylor

Senior Associate

From 1 December 2017 the new Court of Protection Rules 2017 and Court of Protection Practice Directions 2017 came into force. These incorporate the previous pilots (transparency, case management and s.49 reports) and bring the CoP Rules into line with the CPR. The vast majority of CoP Rules and PD now have a different number.

This means that there are new Court Forms (which can be found at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=court%20of%20protection) – in particular CoPDoL10 has been replaced with CoPDoL11.

Any template or precedent documents that you have will need to be updated in terms of any cross references to the relevant CoP Rule or PD.

In particular, there is a new Template Transparency Order. A copy is available here. The substance of the order has not significantly changed, but there are significant differences in the style, layout and structure of the order. This version should be used going forwards. Don't forget that a Record of Information Sheet should also accompany any CoP9 application for a Transparency Order (and draft Transparency Order) and it is the Record of Information Sheet that should be updated through the course of proceedings.

With best wishes for a very merry Christmas and a happy New Year from the Court of Protection, Mental Health and Capacity Team at Bevan Brittan.

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