Practice Directions

President's Direction on Declaratory Proceedings concerning Incapacitated Adults - Medical and Welfare Decisions

President's Direction

14th December 2001

1. Proceedings which invoke the jurisdiction of the High Court to grant declarations as to the best interests of incapacitated adults are civil proceedings to which the Civil Procedure Rules 1998 apply. Although not assigned to any Division, having regard to their nature and the issues raised within them, such proceedings are more suitable for hearing in the Family Division.

2. Accordingly, these proceedings should be commenced, and will be determined, as follows:

(a) Permanent vegetative state cases should be issued in the Principal Registry of the Family Division and will be determined by the President of the Family Division or by a Judge nominated by her. Interlocutory applications will be heard by the President or by the nominated Judge.

(b) Other proceedings may be commenced in any registry but must be determined by a Judge of the Division. Interlocutory applications are to be heard by a Judge of the Division.

3. The Practice Note: Declaratory Proceedings: Medical and Welfare Decisions for Adults who lack Capacity dated the 1st May 2001 and issued by the Official Solicitor [2001] 2 FLR 158, provides valuable guidance in relation to these proceedings and should be followed.

4. Issued with the approval of the Lord Chief Justice and the Lord Chancellor.

Elizabeth Butler-Sloss
President