Introduction
10.1In all applications which require consideration by a judge at a hearing (as opposed to a decision made on the papers), there will be at least one and often several, hearings before a final decision is made. At these hearings, the court will both be:
•setting down the steps necessary for the determination of the central issues in the case; and
•making such interim declarations and decisions under the provisions of Mental Capacity Act (MCA) 2005 s48
1See para 10.6 below. as are necessary to secure P’s interests pending the final determination of those central issues.
10.2This chapter addresses both aspects of such hearings, as well as addressing the (related) issue of making applications during the course of proceedings. It focuses on the procedures applicable to interim hearings in cases allocated to a pathway under the Case Management Pilot, and for ease of reference uses the Pilot Rule numbering (where relevant) throughout. The main categories of case in which interim hearings are likely and which are not on a pathway are those relating to serious medical treatment (covered in chapter 22) and deprivation of liberty (covered in chapter 21). The specific issues that arise in relation to such cases are addressed in the relevant chapter. There is at the time of writing an issue, discussed in para 4.101, as to whether the Pilot Rules apply to such cases. Even if, strictly, they do not, it is suggested that practitioners should always proceed on the basis of the stricter obligations imposed by the Pilot Rules.
10.3The chapter does not address Dispute Resolution Hearings, which are an important feature of the property and affairs pathway.
2Case Management Pilot PD para 5.4. These are covered at paras 8.32 onwards.