Mixed applicationsApplications:property and affairs casesApplications:mixedApplications:property and affairs casesApplications:mixedApplications:property and affairs casesApplications:mixedApplications:property and affairs casesApplications:mixedApplications:property and affairs casesApplications:mixed
7.124During the course of proceedings issues may arise that go beyond those concerning P’s property and affairs, to touch on health and welfare issues as well. A common scenario is a dispute arising within a family about who should act as attorney or deputy for an incapacitated relative that also includes an aspect about where the individual should reside or the care they should receive.
7.125Parties and their advisers need to be clear as to the differences between the two sets of issues. For welfare matters permission will only need to be sought for the part of the application where permission is required.
1COPR r53(2). For the procedure for obtaining permission in relation to health and welfare decisions, see chapter 9.
7.126Advisers should also be aware of the differing costs regimes in property and affairs matters and health and welfare matters. Details on the appropriate treatment of costs in mixed applications can be found in chapter 16.
7.127Mixed applications will also be subject to case management on the relevant pathways as described in chapters 9 and 10. There are two stages before the court decides which pathway, or mixture of the two, is most appropriate:
1)Pre-issue stage – where potential parties are to identify most appropriate pathway and comply with the requirements and seek to resolve issues.
2)Point of issue of application – where the parties must file a list of issues to allow the court to identify the appropriate pathway or mixture of the two.
2PD Case Management Pilot para 6.1(2). 7.128Where an application contains both welfare and property and affairs issues the papers will be placed before a judge for initial case management who will either:
1)order allocation to a pathway and give directions accordingly; or
2)give directions as to which elements of each pathway are to apply and procedure to follow.
3PD Case Management Pilot para 6.1(3).