JO v GO & Ors

JO v GO & Ors

PO is not habitually resident in England and Wales; her removal to Scotland was lawful under the doctrine of necessity, and she is now settled in Scotland. The Court of Protection has no jurisdiction under paragraph 7(1)(a) of Schedule 3 to the Mental Capacity Act 2005. For matters relating to PO's English property, the Court has jurisdiction under paragraph 7(1)(b), but Scotland is the forum conveniens and the Court should decline to exercise jurisdiction over welfare matters.

Parties
Applicant: JO; Respondent: GO; Respondent: RO; Respondent: MP; Respondent: Inverclyde Council
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Court of Protection Application / Jurisdictional Challenge and Discretionary Forum Determination
Outcome
Application dismissed except as to English property; Court declines jurisdiction over welfare matters and sets aside JO's application.
Legal Topics
Habitual Residence, Jurisdiction Under Mental Capacity Act 2005, Forum Non Conveniens, International Protection of Adults
Mental Capacity Law Private International Law Habitual Residence Jurisdiction Under Mental Capacity Act 2005 Forum Non Conveniens International Protection of Adults

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Parties

JO

Applicant

GO

Respondent

RO

Respondent

MP

Respondent

Inverclyde Council

Respondent

Procedural Posture

Court of Protection Application / Jurisdictional Challenge and Discretionary Forum Determination

Legal Issues

  1. 1 Whether PO is habitually resident in England and Wales for the purposes of Court of Protection jurisdiction
  2. 2 Whether the Court of Protection should exercise jurisdiction over PO's property in England and Wales
  3. 3 Whether the Court of Protection should decline jurisdiction on forum non conveniens grounds

Ratio Decidendi

PO is not habitually resident in England and Wales; her removal to Scotland was lawful under the doctrine of necessity, and she is now settled in Scotland. The Court of Protection has no jurisdiction under paragraph 7(1)(a) of Schedule 3 to the Mental Capacity Act 2005. For matters relating to PO's English property, the Court has jurisdiction under paragraph 7(1)(b), but Scotland is the forum conveniens and the Court should decline to exercise jurisdiction over welfare matters.

Court Disposition

Application dismissed except as to English property; Court declines jurisdiction over welfare matters and sets aside JO's application.

Orders

  • Order pursuant to Rule 87(1)(a) as to all matters other than PO's English property: Court has no jurisdiction.
  • Order pursuant to Rule 87(1)(b) as to PO's English property: Court declines to exercise jurisdiction on forum non conveniens grounds.