Rule 84.20 Complaints as to fitness to hold a certificateF1F2
This rule applies to a complaint under regulation 9(1) of the Certification Regulations.
The complaint must be submitted to the County Court hearing centre at which the certificate was issued, using the F3approved form.
A copy of the complaint must be sent to the applicant at least 14 days before the hearing, and the applicant may respond both in writing and at the hearing.
The complainant is not liable for any costs incurred by the certificated person in responding to the complaint, unless paragraph (5) applies.
The court may order the complainant to pay such costs as it considers reasonable if it is satisfied that the complaint—
discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate; and
amounts to an abuse of the court’s process.
Annotations
Textual amendments
- F1
Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
- F2
Pt. 84 Section 4 inserted (6.4.2014) by The Civil Procedure (Amendment No.2) Rules 2014 (S.I. 2014/482), rules 2, 4, Sch. (with rule 5)
- F3
Words in rule 84.20(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 32(b)
Notes on Part 84
Modifications
- C1
Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)