The Court of Protection Rules 2007

Dealing with the application

84.—(1) As soon as practicable after any application has been issued the court shall consider how to deal with it.

(2) The court may deal with an application or any part of an application at a hearing or without a hearing.

(3) In considering whether it is necessary to hold a hearing, the court shall, as appropriate, have regard to—

(a) the nature of the proceedings and the orders sought;

(b) whether the application is opposed by a person who appears to the court to have an interest in matters relating to P’s best interests;

(c) whether the application involves a substantial dispute of fact;

(d) the complexity of the facts and the law;

(e) any wider public interest in the proceedings;

(f) the circumstances of P and of any party, in particular as to whether their rights would be adequately protected if a hearing were not held;

(g) whether the parties agree that the court should dispose of the application without a hearing; and

(h) any other matter specified in the relevant practice direction.

(4) Where the court considers that a hearing is necessary, it will—

(a) give notice of the hearing date to the parties and to any other person it directs; and

(b) state whether the hearing is for disposing of the matter or for directions.

(5) Where the court decides that it can deal with the matter without a hearing it will do so and serve a copy of its order on the parties and on any other person it directs.