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8.4Permission is not required prior to making an application to the court about a matter concerning P’s property and affairs.
1COPR r51(2)(a), although exceptions to this do appear in r52. Service or notification that an application form has been issued will therefore usually be the first information that a respondent or a person notified will have of proceedings.
8.5A respondent will be served (by the applicant) with a copy of the COP1 as issued by the court as well as a copy of the complete application papers and any orders made by the court, a COP5 acknowledgement of service or notification will also be provided. A person notified will be served (by the applicant) with a COP15 notice of proceedings and a COP5.
8.6Those who are served or notified of proceedings should consider taking appropriate legal advice about their response to the application as soon as possible. The general rule about funding in property and affairs cases
2COPR r156. is that P’s estate pays the costs of all parties. There is no public funding available for property and affairs cases. For more information on the treatment of costs see chapter 16.
8.7There can be significant variations in the amount of detail provided within an application. The receipt of the application will, however, offer the respondent an opportunity to consider the issues raised by the application and how he or she may be able to counter them. This is all part of the vital exercise of ensuring the actual issues in the case are identified as quickly and precisely as possible. The receipt of the application may be a useful time to consider not only the evidence that the respondent may be able to provide, but whether there are others in P’s life who will be able to provide a helpful perspective as well. See further in this regard paras 8.19 onwards below.
8.8It is vital that the matters are not set in stone at the outset. In other words, those served with the application as much as the person or body bringing the application should remain flexible as to the possible outcome of the application. Parties’ views will alter as evidence is gathered and others may have a very markedly different opinion as to P’s best interests.