The Court of Protection (Amendment) Rules 2015

Amendments to the Court of Protection Rules 2007

57.  After rule 171, insert—

“Destination of appeals

171A.— (1) An appeal from a decision of a judge of the court shall lie to the Court of Appeal in the following cases—

(a) where it is an appeal from a decision of a Tier 3 Judge; or

(b) where it is a second appeal.

(2) Subject to paragraph (1) and to any alternative provision made by the relevant practice direction—

(a) where the first instance judge was a Tier 1 Judge, any appeal shall be heard by a Tier 2 Judge;

(b) where the first instance judge was a Tier 2 Judge, any appeal shall be heard by a Tier 3 Judge.

(3) No appeal may be made against a decision of a court officer authorised under rule 7A.

(A decision of a court officer authorised under rule 7A can be reconsidered by a judge under rule 89.)

Permission to appeal – appeals to the Court of Appeal

171B.— (1) Subject to rule 172A, an appeal to the Court of Appeal against a decision of a judge of the court may not be made without permission.

(2) Where an appeal to the Court of Appeal is made from a decision of a Tier 3 Judge, permission may be granted by the first instance judge or by the Court of Appeal, unless the appeal is a second appeal.

(3) Where an appeal to the Court of Appeal is a second appeal, permission may only be granted by the Court of Appeal.

(4) No appeal shall lie against—

(a) the granting or refusal of permission under this rule; or

(b) an order allowing an extension of time for appealing from an order.

(The procedure for an appeal from a decision of a judge of the court to the Court of Appeal, including requirements for permission, is governed by the Civil Procedure Rules 1998.)”.