742. Overriding objective.

742.     Overriding objective.

The Court of Protection Rules 20071 have the overriding objective of enabling the court to deal with a case justly, having regard to the principles contained in the Mental Capacity Act 20052. The court will seek to give effect to the overriding objective when it exercises any power under the Court of Protection Rules 20073 or interprets any rule or practice direction4.

Dealing with a case justly includes, so far as is practicable:


    (1)     ensuring that it is dealt with expeditiously and fairly5;


    (2)     ensuring that P's interests and position are properly considered6;