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25.—(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.
(2) The court may—
(a) extend or shorten the time for compliance with any rule, practice direction, or court order or direction (even if an application for extension is made after the time for compliance has expired);
(b) adjourn or bring forward a hearing;
(c) require P, a party, a party’s legal representative or litigation friend, to attend court;
(d) hold a hearing and receive evidence by telephone or any other method of direct oral communication;
(e) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;
(f) consolidate proceedings;
(g) hear two or more applications on the same occasion;
(h) direct a separate hearing of any issue;
(i) decide the order in which issues are to be heard;
(j) exclude an issue from consideration;
(k) dismiss or give judgment on an application after a decision is made on a preliminary basis;
(l) direct any party to file and serve an estimate of costs; and
(m) take any step or give any direction for the purpose of managing the case and furthering the overriding objective.
(3) A judge to whom a matter is allocated may, if he considers that the matter is one which ought properly to be dealt with by another judge, transfer the matter to such a judge.
(4) Where the court gives directions it may take into account whether or not a party has complied with any rule or practice direction.
(5) The court may make any order it considers appropriate even if a party has not sought that order.
(6) A power of the court under these Rules to make an order includes a power to vary or revoke the order;
(7) Rules 25.12 to 25.15 of the Civil Procedure Rules 1998 (which make provision about security for costs) apply in proceedings to which these Rules apply as if the references in those Rules to “defendant” and “claimant” were to “respondent” and “applicant” respectively.
26. In addition to its general powers and the powers listed in rule 25, the court may dispense with the requirement of any rule.
27.—(1) Except where these Rules or some other enactment make different provision, the court may exercise its powers on its own initiative.
(2) The court may make an order on its own initiative without hearing the parties or giving them the opportunity to make representations.
(3) Where the court proposes to make an order on its own initiative it may give the parties and any person it thinks fit an opportunity to make representations and, where it does so, it will specify the time by which, and the manner in which, the representations must be made.
(4) Where the court proposes—
(a) to make an order on its own initiative; and
(b) to hold a hearing to decide whether to make the order,
it will give the parties and may give any other person it thinks likely to be affected by the order at least 3 days’ notice of the hearing.
28. Where there has been an error of procedure, such as a failure to comply with a rule or practice direction—
(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and
(b) the court may waive the error or require it to be remedied or may make such other order as appears to the court to be just.
29.—(1) Subject to paragraph (2), the rules in this Part apply to—
(a) the service of documents; and
(b) to the requirement under rule 70 for a person to be notified of the issue of an application form,
and references to ‘serve’, ‘service’, ‘notice’ and ‘notify’, and kindred expressions shall be construed accordingly.
(2) The rules in this Part do not apply where—
(a) any other enactment, a rule in another Part or a practice direction makes different provision; or
(b) the court directs otherwise.
30.—(1) The general rule is that the following documents will be served by the court—
(a) an order or judgment of the court;
(b) an acknowledgment of service or notification; and
(c) except where the application is for an order for committal, a notice of hearing.
(2) Any other document is to be served by the party seeking to rely upon it, except where—
(a) a rule or practice direction provides otherwise; or
(b) the court directs otherwise.
(3) Where the court is to serve a document—
(a) it is for the court to decide which of the methods of service specified in rule 31 is to be used; and
(b) if the document is being served on behalf of a party, that party must provide sufficient copies.
31.—(1) A document may be served by any of the methods specified in this rule.
(2) Where it is not known whether a solicitor is acting on behalf of a person, the document may be served by—
(a) delivering it to the person personally;
(b) delivering it at his home address or last known home address; or
(c) sending it to that address, or last known address, by first class post (or by an alternative method of service which provides for delivery on the next working day).
(3) Where a solicitor–
(a) is authorised to accept service on behalf of a person; and
(b) has informed the person serving the document in writing that he is so authorised,
the document must be served on the solicitor, unless personal service is required by an enactment, rule, practice direction or court order.
(4) Where it appears to the court that there is a good reason to authorise service by a method other than those specified in paragraphs (2) or (3), the court may direct that service is effected by that method.
(5) A direction that service is effected by an alternative method must specify—
(a) the method of service; and
(b) the date when the document will be deemed to be served.
(6) A practice direction may set out how documents are to be served by document exchange, electronic communication or other means.
32.—(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on—
(a) a child; or
(b) a protected party.
| Type of document | Nature of party | Person to be served |
|---|---|---|
(a)
|
||
| Application form | Child |
|
| Application form | Protected party |
|
Application for an order appointing a litigation friend, where a child or protected party has no litigation friend |
Child or protected party |
|
| Any other document | Child or protected party |
|
(2) The court may make an order for service on a child or a protected party by permitting the document to be served on some person other than the person specified in the table set out in paragraph (1) above (which may include service on the child or the protected party).
(3) An application for an order under paragraph (2) may be made without notice.
(4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.
(5) This rule does not apply in relation to the service of documents upon a child in any case where the court has made an order under rule 141(4) permitting the child to conduct proceedings without a litigation friend.
33.—(1) If P becomes a party to the proceedings, all documents to be served on him must be served on his litigation friend or other person duly authorised to conduct proceedings on P’s behalf.
(2) The court may make an order for service on P by permitting the document to be served on some person other than the person specified in paragraph (1) above (which may include service on P).
(3) An application for an order under paragraph (2) may be made without notice.
(4) The court may order that, although a document has been served on someone other than a person specified in paragraph (1), the document is to be treated as if it had been properly served.
(5) This rule does not apply in relation to the service of documents upon P in any case where the court has made an order under rule 147(2) (procedure where appointment of a litigation friend comes to an end – for P).
34. Where it appears to the court that it is impracticable for any reason to serve a document in accordance with any of the methods provided under rule 31, the court may make an order for substituted service of the document by taking such steps as the court may direct to bring it to the notice of the person to be served.
35.—(1) A document which is served in accordance with these Rules or any relevant practice direction shall be deemed to be served on the day shown in the following table—
| Method of service | Deemed day of service |
|---|---|
| First class post (or other service for next-day delivery) | The second day after it was posted. |
| Document exchange | The second day after it was left at the document exchange. |
| Delivering the document to a permitted address | The day after it was delivered to that address. |
| Fax | If it is transmitted on a business day before 4 p.m., on that day; or in any other case, on the business day after the day on which it is transmitted. |
| Other electronic means | The second day after the day on which it is transmitted. |
(2) If a document is served personally—
(a) after 5 p.m., on a business day; or
(b) at any time on a Saturday, Sunday or a Bank Holiday,
it will be treated as being served on the next business day.
36.—(1) Where a rule, practice direction or court order requires a certificate of service for the document, the certificate must state the details set out in the following table—
| Method of service | Details to be certified |
|---|---|
| First class post (or any other service for next-day delivery) | Date of posting. |
| Personal service | Date of personal service |
| Document exchange | Date when the document was left at the document exchange. |
| Delivery of document to permitted address | Date when the document was delivered to that address. |
| Fax | Date of transmission. |
| Other electronic means | Date of transmission and the means used. |
| Alternative method permitted by the court | As required by the court. |
(2) The certificate must be filed within 7 days after service of the document to which it relates.
37.—(1) Where an applicant or other person is unable to serve any document under these Rules or as directed by the court, he must file a certificate of non-service stating the reasons why service has not been effected.
(2) The certificate of non-service must be filed within 7 days of the latest date on which service should have been effected.
38.—(1) The court may dispense with any requirement to serve a document.
(2) An application for an order to dispense with service may be made without notice.
39.—(1) The rules in Section 2 of Part 6 of the Family Procedure (Adoption) Rules 2005(9) (‘the 2005 Rules’) apply, with the modifications set out in this rule, to the service of documents out of the jurisdiction.
(2) References in the 2005 Rules to the Hague Convention shall be read in these Rules as references to the Convention on the International Protection of Adults signed at the Hague on 13th January 2000 (Cm. 5881).
(3) References in the 2005 Rules to the Senior Master of the Queen’s Bench Division shall be read in these Rules as references to the Senior Judge.
S.I. 2005/2795. Back [9]
The Court of Protection Rules 2007