![]() It should, though, be recalled, that the tenor of recent judgments from the Family Division/Court of Appeal is that very considerable caution should be exercised before a separate fact-finding hearing is listed (see, for instance, Re S, Cambridgeshire County Council v PS and others EWCA Civ 25). ![]() Until and unless a Practice Direction or Practice Guidance is produced setting out a framework, it is suggested that the model set out by Cobb J is one that will be of considerable assistance to practitioners and judges in determining whether a fact-finding hearing is required and the need for oral evidence. However, this decision of Cobb J is by far the most comprehensive to date in terms of its analysis. The topic is discussed in some detail in the chapter 15 of the Court of Protection Handbook in which Alex expressed the view that a useful analogy could be drawn with the pre-MCA case of Re S (adult’s lack of capacity: carer and residence) EWHC 1909 (Fam). This is a special hearing which is arranged to decide whether an alleged incident took place or not. ![]() The lack of guidance has led to a published federal court of appeals decision in this Section 2241 case that afforded no deference to carefully made state court fact-finding and defines de novo review in a new and troubling way. When to hold fact-finding hearings in the Court of Protection is an issue in respect of which – unlike in relation to children – there is no guidance and a paucity of reported cases. A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations. deference to state court fact-finding in actions filed pursuant to 28 U.S.C. ![]()
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