The Court of Protection Rules 2007

Responding to an application

72.—(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 21 days after the application form was served or notification of the application was given.

(3) The court will 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 he opposes the application and, if so, set out the grounds for doing so;

(c) state whether he 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 him or his legal representative.

(5) Subject to rules 120 and 123 (restriction on filing an expert’s report and court’s power to restrict expert evidence), where a person who has been served in accordance with rule 66, 67 or 68 opposes the application or seeks a different order, the acknowledgment of service must be accompanied by 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 67(5), 68(5), 69 or 70 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 120 and 123 (restriction on filing an expert’s report and court’s power to restrict expert evidence), where a person has been notified in accordance with rule 67(5), 68(5), 69, 70, the acknowledgment of notification must be accompanied by a witness statement containing any evidence of his interest in the proceedings and, if he opposes the application or seeks a different order, any evidence upon which he intends to rely.

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

(9) Where a person who is notified in accordance with rule 67(5), 68(5), 69 or 70 complies with the requirements of this rule, he need not comply with the requirements of rule 75 (application to be joined as a party).

(10) Where a person has filed an acknowledgment of notification in accordance with rule 57 (acknowledgment of notification of permission application) he must still acknowledge service or notification of an issued application form in accordance with this rule.

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