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News & views

New Practice Directions published: in force from 1 July 2015

23/6/2015

 
A tranche of new Practice Directions have been published and come into force on 1 July 2015 as below
  • Practice Direction 2A: Participation of P: this takes into account the recent decision in X and other case developments in the case law both of the European Court of Human Rights and domestic courts that highlighted the importance of ensuring that P takes an appropriate part in the proceedings and the court is properly informed about P.
  • Practice Direction 3C: Application of Civil and Family Procedure Rules: clarifies the version of the Rules when cited
  • Practice Direction 6B: Service out of the jurisdiction: sets out procedures for service out of the jurisdiction and time limits to respond to applications. It supplements rules 39 to 39H (service out of the jurisdiction) of Part 6. 
  • Practice Direction 9D: Applications by Currently Appointed Deputies, Attorneys and Donees in Relation to P’s Property and Affairs: concerns only applications where the deputy, attorney or donee does not have the authority to make the decision or decisions in question. 
  • Practice Direction 9E: Applications Relating to Serious Medical Treatment: defines serious medical treatment, what should be brought before the court, allocation and other matters
  • Practice Direction 9F: Applications Relating to Statutory Wills, Codicils, Settlements and Other Dealings With P’s Property: set out when such applications should be nmade, how to apply and who should be notified
  • Practice Direction 9G: Applications to Appoint or Discharge a Trustee: sets out when such applications need to be made and the information required when making an application
  • Practice Direction 9H: Applications Relating to the Registration of Enduring Powers of Attorney: applies where the Public Guardian has received a notice of objection to registration of an enduring power of attorney which requires the court to give directions before registration. 
  • Practice Direction 10AA:  Deprivation of Liberty Applications: in 3 parts:  Part 1 concerns the application procedure for orders under section 21A of the Mental Capacity Act 2005 depriving a person of their liberty and connected issues (eg costs); Part 2 addresses the applications procedure under s.16(2)(a) of that Act; Part 3 makes provision common to applications under both Parts 1 and 2. 
  • Practice Direction 10B: Urgent and Interim Applications: sets out procedures for such applications whether or not an application has already been made.  
  • Practice Direction 12A: Courts Jurisdiction: clarifies allocation of cases to different level of judge in specific circumstances
  • Practice Direction 12B: Disputing Courts Jurisdiction: sets out procedure where there is a challenge to the court's jurisdiction both generally and where P has or has regained capacity
  • Practice Direction 13B: Court Bundles: specifies what a bundle should contain for different types of hearing, who prepares it and how to lodge it
We have also added them to our Resources page for future reference.

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