Jurisdiction(s):
United Kingdom

Key definition

Application definition

What does Application mean? An application is a procedural request asking a court to make an order, typically during the life of proceedings (an interim/interlocutory application) but sometimes disposing of an issue finally. The concept is descriptive rather than statutorily defined; content and procedure are set by court rules and case law in each jurisdiction. England and Wales: under the Civil Procedure Rules, applications are made by application notice (cpr Part 23), on notice or without notice, supported by evidence (usually a witness statement), and subject to filing fees, service and time limits. Common applications include extensions of time, summary judgment, security...

Urgent and without-notice Court of Protection applications (England and Wales): welfare and property and affairs procedures, pre-issue requirements, out-of-hours process, disclosure duties and return hearings

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Practice notes

Introduction

On occasion, it becomes necessary to make an urgent application to the Court of Protection in one of two scenarios:

when no proceedings are on foot, yet urgent relief from the court is required before the preliminary steps to issue can be completed; or
when proceedings are already underway and an unforeseen development means the court must be approached swiftly during those proceedings

In essence, the same principles apply in either scenario (and they apply equally whether the application concerns the person’s health and welfare or their property and affairs). Under Practice Direction 3B on case pathways (PD 3B), more formal requirements govern how the first category above should be brought. See Practice Note: Making an application to the Court of Protection.

The particular requirements for medical treatment cases (despite their inclusion within the personal welfare case management pathway) are covered in Practice Note: Serious medical treatment cases in the Court of Protection. Where any requirement identified in that note diverges from the general principle outlined above,...

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Alex Ruck Keene , KC (Hon)

39 Essex Chambers

Alex Ruck Keene KC (Hon) is an experienced barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law. He also writes extensively, editing and contributing to leading textbooks and (amongst many other publications) the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He is the creator of the website Mental Capacity Law and Policy, providing resources and expert commentary on some of the most difficult mental capacity issues.Alex complements his practice with a deep interest in research and education. He is a Visiting Professor at the Dickson Poon School of Law, King’s College London, a Visiting Professor at the Geller Institute of Ageing and Memory, University of West London, a Visiting Senior Lecturer at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London and a Research...

Web page updated on 22/05/2026

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