Appellant's notice

Published date21 March 2018
Subject MatterCourt of Protection forms and guidance
1
Please read f‌irst
• If you wish to appeal against a decision of the
Court of Protection then you must complete this
form and f‌ile it with the court.
• Do not use this form if you are appealing to the
Court of Appeal. You need to follow the Court of
Appeal procedures.
• The f‌irst person to appeal against any decision of
the court is called the appellant. Any other party
to the appeal is called a respondent.
• Respondents can apply for permission if they
wish to make an additional, different appeal, or
can apply to have the order of the f‌irst instance
judge upheld on different or additional grounds
by f‌iling a COP36 respondent’s notice.
• You have limited time to f‌ile your appellant’s
notice with the court. You must f‌ile it:
– within the time limit set by the
f‌irst instance judge; or
– where the f‌irst instance judge did not set a
time limit, within 21 days of the date of the
decision you wish to appeal against.
• You must pay a fee when you f‌ile an appellant’s
notice. Please refer to the fees leaf‌let COP44 for
details.
© Crown Copyright 2017
Full name of person to whom the proceedings relate
(this is the person who lacks, or is alleged to lack, capacity)
Appellant’s notice
COP
35
12.17
Court of Protection
SEAL
• You may need to pay for any costs you incur
during proceedings. If the court considers that
you have acted unreasonably you can be ordered
to pay the costs incurred by other parties.
• Please continue on a separate sheet of paper
if you need more space to answer a question.
Write your name, the name and date of birth of
the person to whom the application relates, and
the number of the question you are answering on
each separate sheet.
• There are additional guidance notes at the end of
this form.
• For assistance in completing the form please see
guidance notes and website:
www.gov.uk/court-of-protection
• Court of Protection staff cannot give legal
advice. If you need legal advice please contact
a solicitor.
For off‌ice use only
Date received
Appeal case no.
Date issued
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