P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2)

Application to revoke a deputyship order involving consideration of habitual residence.

The underlying facts of the case are set out in an earlier judgment [2024] EWCOP 26. This fresh hearing arose as P's personal injury claim , worth seven figures, had not been progressed by his mother who acts as his property and affairs deputy. There was also confusion as to the whereabouts of P who may have moved to Italy.

After confirming the court has jurisdiction concerning property, HHJ Burrows considers the issue of P's habitual residence. He concludes he has insufficient evidence to declare P is resident in Italy and is still resident in England and Wales, partly as he would be unable to pursue the claim if he were not. The judge then proceeds to allow the application as it is the mother was not going to act in P's best interests. He also directs a further hearing before a T3 judge using the inherent jurisdiction concerning the whereabouts of P.

Read the judgment on Bailii