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help wanted for Civil Procedure Rules on Evidence

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  • help wanted for Civil Procedure Rules on Evidence

    Hi,

    i need to know what the legal stand point of this is. can i use a witness statement submitted by an attorney (attorney under the EPA instrument rather than of law) which was used in proceedings at the Court Of Protection, but Court Of Protection lost jurisdiction due to the donor passing away whilst in mid-challenge.
    if proceedings were to be made in the High Court to challenge the validity of a last will and testament, could this witness statement be used as evidence as it is linked to the Finances & Affairs of the deceased?

    Subsequent use of court documents
    18.
    —(1) Where a document has been filed or disclosed, a party to whom it was provided may
    use the document only for the purpose of the proceedings in which it was filed or disclosed, except
    where—
    (a)

    the document has been read to or by the court or referred to at a public hearing; or
    (b)

    the court otherwise permits.
    (2)

    Paragraph (1)(a) is subject to any order of the court made under rule 92(2).


    i reference this as i am unsure what it fully means.


    Regards

    JJ
    Tags: None

  • #2
    Re: help wanted for Civil Procedure Rules on Evidence

    Ok,posted but no replies. the answer of which i sought is YES and you have to get the permission from the court in question. It would have been nice to get some clarity and replies, but i have struggled on never the less and found the answer so thanks.

    Kind regards,

    JJ

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