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18 June 2025

NOTICE: Correction of Orders Pursuant to Court of Protection Rules 2017, Rule 5.15:Procedure

 

Rule 5.15: Clerical mistakes or slips

“The court may at any time correct any clerical mistakes in an order or direction or any error arising in an order or direction from any accidental slip or omission.”

 

Issue raised at the April 2025 Court User Group meeting

The Court User Group (CUG) provides a forum for discussion for matters of interest to court users.

At the April 2025 CUG meeting at the Central Registry of the Court of Protection, a question was asked about the process for seeking correction of an order pursuant to Rule 5.15.

At the April 2025 Rules Committee meeting this issue was taken up, with the possibility raised of a designated e-mail inbox being created for such requests.

The purpose of this notice is to clarify the procedure for requesting correction pursuant to Rule 5.15, and to explain the internal process for resolving such requests. It is intended for information only, to assist court users as to current processes. It does not detract from any Rules or Practice Directions and may be updated as and when circumstances require.

What counts as a clerical mistake or slip?

This list is illustrative only, not definitive or exhaustive:

  • A typographical error which can be checked by reference to the application e.g. Jane instead of Jayne, or 54 Bletchley Road instead of 55 Bletchley Road.
  • Wrong name of decision-maker e.g. ‘an Authorised Court Officer’ when the court record shows that the order was actually made by Judge X.
  • Wrong description of venue where the order was made, where this can be verified from the court record, diary or cause list e.g. ‘First Avenue House’ when it was actually made in a regional court.
  • The date the order was made e.g. 5th January 2024, when the court record shows that it was made on 5th January 2025.
  • Wrong pronoun, e.g. ‘he’ where P is female.
  • Nonsensical (as opposed to technical) word e.g. costs on the ‘standemnity’ basis.
  • Details of a party’s representation, where this can clearly be verified from the court record e.g. ‘solicitor for…’when counsel appeared.
  • Date/time of the next hearing, where the order as issued does not reflect the order as actually made and recorded in the court diary.

What does not count as a clerical mistake or slip?

This list is illustrative only, not definitive or exhaustive:

  • Absence of a costs authorisation.
  • Absence of a requested authorisation e.g. to terminate a tenancy/sell or purchase property.
  • Incomprehensible security requirement e.g. £100000000.
  • Linguistic, grammatical or textual amendments.
  • Numbering of provisions in the order.

Confirmation of process

  1. A designated e-mail inbox is not considered workable, in part because of the complications of receiving electronically correction requests for matters which proceed by way of paper file.

2.  To ensure that correction requests are identified by staff promptly, a COP9 application form should be used.

a)  The COP9 application may be delivered to the court:

i) electronically, for matters which proceed by e-file;

ii) on paper by post, for matters which proceed by paper file.

b)  On the front of the COP9 form, text should be added saying “CORRECTION REQUEST” – example attached. (This can be done on PDF forms digitally, so the format works for both electronic and paper application routes.)

c) Where the COP9 is filed digitally, the subject line of the e-mail should follow the following format: [case number] Joe BLOGGS COP9 Correction Request.

3. The COP9 application will be referred:

a) where the matter proceeds by e-file, to the e-apps orders team;

b) where the matter proceeds by paper file, to the orders hub.

4. Where the requested correction clearly falls within the slip rule (as set out above), the court staff may reissue the order with the correction marked in red, without reference to the decision-maker.

5. In all other matters, the correction request will be referred to:

a) the maker of the order, if that is an ACO or a judge resident at FAH.

b) the Senior Judge

i. to provide for onward referral to the regional decision-maker or fee-paid decision-maker where that is possible;

ii. otherwise, to determine the application.

Circulation of this Notice

This Notice will be sent by e-mail to all persons on the First Avenue House Court User Group attendance list, with a request that it be shared by recipients with any wider groups to whom it may be of interest.

HHJ Hilder

Senior Judge of the Court of Protection

17 June 2025

 

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