The Court of Protection Rules 2007

Reconsideration of court orders

Orders made without a hearing or without notice to any person

89.—(1) This rule applies where the court makes an order—

(a) without a hearing; or

(b) without notice to any person who is affected by it.

(2) Where this rule applies—

(a) P;

(b) any party to the proceedings; or

(c) any other person affected by the order,

may apply to the court for reconsideration of the order made.

(3) An application under paragraph (2) must be made—

(a) within 21 days of the order being served or such other period as the court may direct; and

(b) in accordance with Part 10.

(4) The court will—

(a) reconsider the order without directing a hearing; or

(b) fix a date for the matter to be heard, and notify all parties to the proceedings and such other persons as the court may direct, of that date.

(5) Where an application is made in accordance with this rule, the court may affirm, set aside or vary any order made.

(6) Reconsideration may be by any judge of the court—

(a) including the judge who made the decision in respect of which the reconsideration is sought; but

(b) may not be by a judge who is not a prescribed higher judge within the meaning of section 53(3) of the Act in relation to the first-mentioned judge.

(7) No application may be made seeking a reconsideration of a decision that has been made under paragraph (5).

(8) An appeal against a decision made under paragraph (5) may be made in accordance with Part 20 (appeals).

(9) Any order made without a hearing or without notice to any person, other than one made under paragraph (5), must contain a statement of the right to apply for a reconsideration of the decision in accordance with this rule.

(10) An application made under this rule may include a request that the court reconsider the matter at a hearing.