Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

hearsay evidence definition

What does hearsay evidence mean? Hearsay evidence is any oral, written or recorded statement made outside the proceedings that a party asks the court to accept as proof of the truth of what is stated, where the maker is not giving that evidence in court. It commonly arises through documents, emails, business records, transcripts or reports, and carries distinct rules on admissibility and weight. In England and Wales, civil hearsay is admissible subject to the Civil Evidence Act 1995 and procedural requirements in the Civil Procedure Rules, including the definition in CPR r 33.1 and notice/weight provisions in Part 33. In criminal cases, admissibility is governed...

Court of Protection personal welfare and healthcare: powers, applications, case management, section 49 reports, hearings and costs (England and Wales)

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Practice notes

The powers of the Court of Protection

The Court of Protection is empowered to make one or more decisions about the personal welfare of a person who lacks capacity (P) to make those decisions themselves. It can also appoint a deputy to take such decisions (see Practice Note: Choosing the deputy for further details), though health and welfare deputies are relatively seldom appointed, for the reasons articulated by Hayden J, then Vice-President of the Court of Protection, in Re Lawson, Mottram and Hopton (appointment of personal welfare deputies). For commentary on that ruling, see Case Analysis: Principles governing the appointment of personal welfare deputies (Re Lawson; Re Mottram; Re Hopton). A recent application of the Lawson principles led to the appointment of a personal welfare deputy—see Case Analysis: Court of Protection—when is the criteria for appointing a Personal Welfare Deputy met (Parr v Cheshire East Council & another). In another recent application by parents seeking a personal welfare deputyship for their adult child, the court reached a different view from Parr and declined to appoint the parents as deputies, finding this would be an unnecessary...

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Alex Ruck Keene , KC (Hon)

39 Essex Chambers

Alex Ruck Keene KC (Hon) is an experienced barrister, writer and educator. His practice is focused on mental capacity, mental health and healthcare law. He also writes extensively, editing and contributing to leading textbooks and (amongst many other publications) the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He is the creator of the website Mental Capacity Law and Policy, providing resources and expert commentary on some of the most difficult mental capacity issues.Alex complements his practice with a deep interest in research and education. He is a Visiting Professor at the Dickson Poon School of Law, King’s College London, a Visiting Professor at the Geller Institute of Ageing and Memory, University of West London, a Visiting Senior Lecturer at the Institute of Psychiatry, Psychology and Neuroscience, King’s College London and a Research...

Web page updated on 21/05/2026

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