Court of Protection hands down judgment in Irwin Mitchell Trust Corporation v KS and others [2025] EWCOP 7
26th Feb 2025
The Court of Protection has held that it retains jurisdiction over a minor’s property in England in Irwin Mitchell Trust Corporation v KS and others. James Poole acted for the successful deputy and Richard Dew acted for the Official Solicitor as KS’s litigation friend.
The issue for the court was whether the deputy’s appointment remained valid, and the Court of Protection retained jurisdiction of KS’s assets in England, even though KS was habitually resident in India and under the age of 16. After considering s.18(3) of the Mental Capacity Act and the relevant Hague Conventions, HHJ Hilder concluded that the “The Court of Protection undoubtedly had jurisdiction over KS’s property in England and Wales when the Deputy was appointed; and it retains that jurisdiction after KS’s habitual residence has changed to India, at least until a contrary step is taken in the new state of habitual residence.”
For the full judgment, please click here.
Richard Dew
Call 1999
James Poole
Call 2016 & Accredited Mediator
