IntroductionFinal determination of applicationFinal determination of application
15.1This chapter deals with how applications are finally disposed of by the court. After touching on the disposal of applications without a final hearing, the focus is on the steps required effectively to prepare and to conduct final hearings, as well as dealing with the subsequent steps of receiving the judgment and drawing up the final order. Because the issues of principle are the same, the chapter covers both proceedings relating to P’s property and affairs, and P’s health and welfare; many of the examples will, though, be drawn from applications relating to health and welfare because they form the bulk of the reported cases.
15.2This chapter must be read alongside the preceding chapters, and in particular those relating to directions hearings (chapter 10), evidence and disclosure (chapter 12) and (in an appropriate case) fact-finding (chapter 14). It is clear from the reported cases,
1See, for instance, Re A and B (Court of Protection: Delay and Costs) [2014] EWCOP 48, [2015] COPLR 1. that matters will very rapidly go awry in a contested case unless a proper focus is maintained by all parties – and the court – upon the final destination of the proceedings and of the steps required along the route.