OpenLegislation

Rule 120 Restriction on filing an expert’s report

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

No person may file expert evidence unless the court or a practice direction permits, or if it is filed with the permission form or application form and is evidence—

(a)

that P is a person who lacks capacity to make a decision or decisions in relation to the matter or matters to which the application relates;

(b)

as to P’s best interests; or

(c)

that is required by any rule or practice direction to be filed with the permission form or application form.

(2)

An applicant may only rely upon any expert evidence so filed in support of the permission form or application form to the extent and for the purposes that the court allows.

(Rule 64(a) requires the applicant to file any evidence upon which he wishes to rely with the application form and rule 54 requires certain documents to be filed with the application for permission form.)