Memorandum by the Lord Chancellor's Department
Court of Protection Rules 2001 (S.I. 2001/824)
1. The Lord Chancellor's Department submits this
memorandum in response to the request dated 28 March 2001 on the
point set out below.
Under rule 54(4) any person aggrieved
by an order or decision of the court made on considering an application
for review may apply to the court for an attended hearing. Explain
within what period of time the application for an attended hearing
must be made, and why this is not specified.
2. In the absence of any specific time limit, the
application must be made within such time as is reasonable. In
the context of rules 54 and 55, especially the time limits in
rules 54(1) and 55(1), a period of fourteen days would appear
reasonable. Moreover, in the absence of any time limit in the
rules, the court may well include in any order made on a review
under rule 54 a direction that any application for an attended
hearing be made within a specified time. The Department will,
however, consider whether, when the Rules are next amended, a
specific time limit should be introduced.
2 April 2001