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

Judgment concerning jurisdiction where KS is a 14 year old British citizen now habitually resident in India but born in the UK.

KS suffered severe brain damage as a result of clinical negligence at birth, she now requires 24 hour care and it was agreed she lacked capacity. Irwin Mitchell were appointed deputies in 2017 and in 2018 the family moved to India. The Deputy applied for authority to purchase properties in India and other matters. The OS argued the Court of Protection's jurisdiction over minors (as distinct from 'adults') is founded upon their habitual residence, so accordingly, the Court of Protection presently has no continuing jurisdiction. 

HHJ Hilder reviews the case law and legislation regarding the meaning of adult in these circumstances alongside the interaction with the jurisdiction under Article 14 of Hague 34. She concludes at [56] 

"As to "the connecting factor" for jurisdiction of the Court of Protection in respect of the property of persons under the age of 16 who are likely still to lack capacity to make relevant decisions when they reach the age of 18, it is unnecessary for me to seek to formulate any generality beyond KS's own circumstances. 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."

Therefore the Deputy's appointment remained in place.

Read the judgment on Bailii