Irwin Mitchell Trust Corporation Ltd v KS & Ors

Irwin Mitchell Trust Corporation Ltd v KS & Ors

The Court of Protection retains jurisdiction over KS’s property and affairs in England, and the deputyship appointment stands, based on Article 14 of Hague 34 and s18(3) of the Mental Capacity Act 2005, despite KS’s habitual residence in India, unless and until the new jurisdiction modifies or terminates the protective measure.

Parties
Applicant: Irwin Mitchell Trust Corporation Ltd; First Respondent: KS; Second Respondent: AS; Third Respondent: AAS
Jurisdiction
England and Wales
Judgment Date
20 February 2025
Procedural Posture
Court of Protection Application / Preliminary Ruling on Jurisdiction
Outcome
Court of Protection retains jurisdiction; deputyship appointment stands.
Legal Topics
Jurisdiction of Court of Protection, Habitual Residence, Management of Property of Minors, International Recognition of Protective Measures
Mental Capacity Private International Law Child Law Jurisdiction of Court of Protection Habitual Residence Management of Property of Minors International Recognition of Protective Measures

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Parties

Irwin Mitchell Trust Corporation Ltd

Applicant

KS

First Respondent

AS

Second Respondent

AAS

Third Respondent

Procedural Posture

Court of Protection Application / Preliminary Ruling on Jurisdiction

Legal Issues

  1. 1 Does the Court of Protection retain jurisdiction over the property and affairs of a minor habitually resident outside England and Wales?
  2. 2 Does the deputyship appointment continue after 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, based on Article 14 of Hague 34 and s18(3) of the Mental Capacity Act 2005, despite KS’s habitual residence in India, unless and until the new jurisdiction modifies or terminates the protective measure.

Court Disposition

Court of Protection retains jurisdiction; deputyship appointment stands.

Orders

  • Parties to agree further directions as to the substantive application and submit a COP9 application with draft order within 28 days.