The Court of Protection Rules 2007

Procedure where P ceases to lack capacity

This section has no associated Explanatory Memorandum

148.—(1) This rule applies where P ceases to lack capacity both to conduct the proceedings himself and in relation to the matter or matters to which the application relates.

(2) The litigation friend’s appointment continues until it is brought to an end by a court order.

(3) An application may be made by—

(a)P;

(b)his litigation friend; or

(c)any other person who is a party to the proceedings,

for the proceedings to come to an end.

(4) The applicant must serve a copy of the application notice seeking an order under this rule on all parties to the proceedings as soon as practicable and in any event within 21 days of the date on which it was issued.