In civil proceedings a person is not competent to give evidence if, at the time of being tendered as a witness he is mentally incapable of testifying, he was for the time being incapable of understanding questions and of giving a rational account of events due to illness; or he does not appreciate the nature and obligation of an oath or affirmation1.
Questions as to the competence or incompetence of a witness are decided by the court2. In civil proceedings the court has a general discretionary power to control evidence3.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234