Court of Protection: Amendment and substitution of Practice Directions

Amendments to the following Practice Directions supplementing the Court of Protection Rules 2017 is made by the President of the Court of Protection under the powers delegated to him by the Lady Chief Justice under section 52(3) of the Mental Capacity Act 2005 and Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and is approved by Mike Freer, Parliamentary Under-Secretary of State for Justice, by the authority of the Lord Chancellor.

In summary the changes are:

• Practice Direction 2A is amended to make provision for circumstances in which circuit judges and recorders may act as Tier 3 Judges.
• Practice Direction 19B is substituted to reflect updates to fixed costs that may be claimed by deputies, and to make other consequential amendments to reflect recent case law.
• Practice Direction 20B is amended to clarify the circumstances in which appeals from a Tier 2 Judge may be heard by the Court of Appeal.

The amendments to the Practice Directions come into force on 1 April 2024.

All the Practice Directions supplementing the Court of Protection Rules 2017 can be found here.