McFarlane J considered whether hearsay statements from a person who lacked capacity were admissible under the 2007 Rules (‘COPR’).
Held: The power of the Court to ‘admit such evidence, whether written or oral, as it thinks fit’ pursuant to rule 95(d) of COPR conferred upon the Court of Protection power to admit evidence from a witness who was not competent
Judges:
McFarlane J
Citations:
[2010] EWHC 196 (Admin)
Statutes:
Court of Protection Rules 2007 95(d)
Cited by:
Approved – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Lists of cited by and citing cases may be incomplete.
Health, Litigation Practice
Updated: 04 May 2022; Ref: scu.443296