Re F [2009] EWHC B30 (Fam)
The "gateway" test for the engagement of the court’s powers under s48 (Interim orders and directions) must be lower than that of evidence sufficient, in itself, to rebut the presumption of capacity. The proper test in the first instance is whether there is evidence giving good cause for concern that P may lack capacity in some relevant regard. Once that is raised as a serious possibility, the court then moves on to the second stage to decide what action, if any, it is in P's best interests to take before a final determination of his capacity can be made.
Other
Hearing: 28 May 2009
Judgment: 26 June 2009
Before: HHJ Marshall QC
Mr Stephen Cragg (instructed by Irwin Mitchell Solicitors) for the Appellant
No other party appeared on the appeal
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