PM v KH & Anor

PM v KH & Anor

The Family Division has jurisdiction to make all necessary orders, including freezing assets and funding litigation from those assets, to secure the return of an abducted vulnerable adult lacking capacity, and to protect their welfare, mirroring powers exercised in child abduction cases.

Parties
Claimant: PM; First Defendant: KH; Second Defendant: HM (by her litigation friend the Official Solicitor); Interested Party: THE STATES OF GUERNSEY
Jurisdiction
England and Wales
Judgment Date
30 April 2010
Procedural Posture
Inherent Jurisdiction (family Division) / Post Abduction, Multiple Interim and Final Orders
Outcome
Orders made for HM's return to jurisdiction, freezing and partial unfreezing of PM's assets, funding of litigation, and disclosure to PM of proceedings.
Legal Topics
Abduction of Vulnerable Adults, Freezing Orders, Jurisdiction, Enforcement of Orders, Funding Litigation From Frozen Assets, International Cooperation
Family Law Mental Capacity International Law Abduction of Vulnerable Adults Freezing Orders Jurisdiction Enforcement of Orders Funding Litigation From Frozen Assets +1 more

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Parties

PM

Claimant

KH

First Defendant

HM (by her litigation friend the Official Solicitor)

Second Defendant

THE STATES OF GUERNSEY

Interested Party

Procedural Posture

Inherent Jurisdiction (family Division) / Post Abduction, Multiple Interim and Final Orders

Legal Issues

  1. 1 Jurisdiction to make orders for the return of an abducted vulnerable adult
  2. 2 Power to freeze assets and fund litigation from frozen assets
  3. 3 Appropriateness of orders directed to third parties for information disclosure

Ratio Decidendi

The Family Division has jurisdiction to make all necessary orders, including freezing assets and funding litigation from those assets, to secure the return of an abducted vulnerable adult lacking capacity, and to protect their welfare, mirroring powers exercised in child abduction cases.

Court Disposition

Orders made for HM's return to jurisdiction, freezing and partial unfreezing of PM's assets, funding of litigation, and disclosure to PM of proceedings.

Orders

  • HM to be returned to England and Wales and reside at placement Y.
  • Freezing orders on PM's assets, with partial unfreezing for living expenses and litigation funding.