A.F. v. M.S. (first respondent) & PGS (Second Respondent) [2011] ScotSC 199 (20 December 2011)

A.F. v. M.S. (first respondent) & PGS (Second Respondent) [2011] ScotSC 199 (20 December 2011)

The French court had jurisdiction based on the adult's habitual residence, the orders are enforceable and being enforced in France, and there are no grounds under Scottish law or the Hague Convention to refuse recognition or registration. The Scottish court cannot review the merits of the French orders, and public policy does not justify refusal. The Power of Attorney granted in Scotland after the French order is inconsistent with the French order and must be revoked to ensure its implementation.

Citation
[2011] ScotSC 199
Parties
Applicant: AF; First Respondent: MS; Second Respondent: PGS
Jurisdiction
Scotland
Judgment Date
20 December 2011
Procedural Posture
Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Interlocutory Judgment on Recognition and Registration of Foreign Protective Measures
Outcome
Application granted in part, continued in part, and refused in part.
Legal Topics
Recognition and Enforcement of Foreign Protective Measures, Capacity and Guardianship, Public Policy Exception, Hague Convention on the International Protection of Adults
Private International Law Mental Health Law Family Law Recognition and Enforcement of Foreign Protective Measures Capacity and Guardianship Public Policy Exception Hague Convention on the International Protection of Adults

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Parties

AF

Applicant

MS

First Respondent

PGS

Second Respondent

Procedural Posture

Summary Application Under the Adults With Incapacity (scotland) Act 2000 / Interlocutory Judgment on Recognition and Registration of Foreign Protective Measures

Legal Issues

  1. 1 Whether the French court orders regarding the protection of an adult should be recognized and registered in Scotland under the Adults with Incapacity (Scotland) Act 2000 and the Hague Convention on the International Protection of Adults
  2. 2 Whether recognition should be refused on grounds of public policy or procedural irregularity
  3. 3 Whether the Power of Attorney granted in Scotland after the French order should be revoked

Ratio Decidendi

The French court had jurisdiction based on the adult's habitual residence, the orders are enforceable and being enforced in France, and there are no grounds under Scottish law or the Hague Convention to refuse recognition or registration. The Scottish court cannot review the merits of the French orders, and public policy does not justify refusal. The Power of Attorney granted in Scotland after the French order is inconsistent with the French order and must be revoked to ensure its implementation.

Court Disposition

Application granted in part, continued in part, and refused in part.

Orders

  • Grants Crave 1: Recognizes and registers the French order of 19 October 2010 in the Register of International Measures maintained by the Office of the Public Guardian.
  • Continues Crave 2: Recognition and registration of the French order of 7 October 2011 continued for confirmation of service.