Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2) (20 February 2025)

Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2) (20 February 2025)

The Court of Protection retains jurisdiction over KS's property and affairs in England, and the deputyship appointment stands, because Article 14 of Hague 34 provides for the continuation of protective measures after a change of habitual residence to a non-Contracting State, and the Court of Protection had jurisdiction at the time of the deputy's appointment. This jurisdiction continues unless and until the new state of habitual residence modifies or replaces the measure.

Citation
[2025] EWCOP 7
Parties
Deputy/applicant: Irwin Mitchell Trust Corporation Ltd; Protected Person/first Respondent: KS; Sibling of Ks/second Respondent: Second Respondent; Sibling of Ks/third Respondent: Third Respondent; Father of KS: RuS; Mother of KS: RaS
Jurisdiction
England and Wales
Judgment Date
20 February 2025
Procedural Posture
Court of Protection Property and Affairs Application / Preliminary Issue on Jurisdiction
Outcome
Court of Protection retains jurisdiction; deputyship continues.
Legal Topics
Jurisdiction of Court of Protection, Habitual Residence, Deputyship for Minors, International Protection of Children, Recognition of Foreign Guardianship
Mental Capacity Private International Law Child Law Jurisdiction of Court of Protection Habitual Residence Deputyship for Minors International Protection of Children Recognition of Foreign Guardianship

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Parties

Irwin Mitchell Trust Corporation Ltd

Deputy/applicant

KS

Protected Person/first Respondent

Second Respondent

Sibling of Ks/second Respondent

Third Respondent

Sibling of Ks/third Respondent

RuS

Father of KS

RaS

Mother of KS

Procedural Posture

Court of Protection Property and Affairs Application / Preliminary Issue on Jurisdiction

Legal Issues

  1. 1 Does the Court of Protection retain jurisdiction over the property and affairs of a minor under 16 who is now habitually resident outside England and Wales?
  2. 2 Does the deputyship appointment continue after the change of habitual residence to India?

Ratio Decidendi

The Court of Protection retains jurisdiction over KS's property and affairs in England, and the deputyship appointment stands, because Article 14 of Hague 34 provides for the continuation of protective measures after a change of habitual residence to a non-Contracting State, and the Court of Protection had jurisdiction at the time of the deputy's appointment. This jurisdiction continues unless and until the new state of habitual residence modifies or replaces the measure.

Court Disposition

Court of Protection retains jurisdiction; deputyship continues.

Orders

  • Deputy's appointment stands.
  • Parties to agree further directions and submit a COP9 application with draft order within 28 days.