Irwin Mitchell Trust Corporation Ltd v KS [2025] EWCOP 7 (T2)

Jurisdiction over minor with foreign habitual residence "This matter concerns a young person under 16 years of age, who has substantial assets in England. Her appointed property and affairs deputy has applied for specific authorities in respect of expenditure from her funds. Her litigation friend contends that the Court of Protection has no jurisdiction to determine the application, and the deputyship appointment should be discharged. The jurisdiction question arises because, as all parties agree, KS is now habitually resident in India."

Essex

This case has been summarised on page 16 of 39 Essex Chambers, 'Mental Capacity Report' (issue 148, March 2025).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deputyship cases🔍 Older deputyship cases can still be found in Category:Other capacity cases
• Other capacity cases🔍

Date: 20/2/25🔍

Court: Court of Protection🔍

Judge(s):

• Hilder🔍

Parties:

• KS🔍
• AS🔍
• AAS🔍

Citation number(s):

• [2025] EWCOP 7 (T2)^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 148, March 2025)

Published: 23/2/25 20:59

Cached: 2025-06-01 22:14:52