HM (An Adult), PM v KH & Anor

HM (An Adult), PM v KH & Anor

The court found that HM's placement at Y remains in her best interests, and that swingeing injunctions against PM are necessary and proportionate to prevent further sabotage, abduction, and to protect HM's welfare and Article 8 rights. Orders for unblocking and continued blocking of funds were justified to protect costs claims and prevent asset dissipation.

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
24 June 2010
Procedural Posture
Family / Post Return, Review and Injunctive Orders
Outcome
Orders made approving HM's transition to Y, imposing injunctive relief against PM, unblocking and continuing to block certain funds, discharging previous orders, and giving directions for future applications and costs.
Legal Topics
Best Interests, Protection of Incapacitated Adults, Parental Responsibility, Court Powers, Privacy and Reporting Restrictions
Family Law Mental Capacity Injunctions Best Interests Protection of Incapacitated Adults Parental Responsibility Court Powers Privacy and Reporting Restrictions

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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

Family / Post Return, Review and Injunctive Orders

Legal Issues

  1. 1 Whether HM's placement at Y is in her best interests
  2. 2 Whether injunctive relief against PM is necessary and proportionate
  3. 3 Whether funds held by DP and X should be unblocked or remain blocked

Ratio Decidendi

The court found that HM's placement at Y remains in her best interests, and that swingeing injunctions against PM are necessary and proportionate to prevent further sabotage, abduction, and to protect HM's welfare and Article 8 rights. Orders for unblocking and continued blocking of funds were justified to protect costs claims and prevent asset dissipation.

Court Disposition

Orders made approving HM's transition to Y, imposing injunctive relief against PM, unblocking and continuing to block certain funds, discharging previous orders, and giving directions for future applications and costs.

Orders

  • HM to take up residence at Y per transition plan.
  • Injunctions against PM prohibiting removal, contact, and publication of identifying information about HM.