In the matter of Sandra Thomas (Re: David Horton Cann)

Under the Presumption of Death Act 2013, a declaration of presumed death may be sought before the expiry of seven years. The court must make the declaration where satisfied that the missing person has died. The absence of a body does not prevent that conclusion. The court may infer death from the circumstances, including the person’s disappearance during an intended short outing, the absence of evidence of a planned disappearance, the retention of personal belongings, extensive unsuccessful searches and the absence of subsequent contact. Where the precise date of death cannot be established, the court may declare that the person is presumed to have died at the end of a specified period.

The applicant, the missing person’s sister, sought a declaration of presumed death concerning her brother, who disappeared in Turkey during a holiday on 2 July 2019 while undertaking a planned hike. He failed to return to his hotel or board his return flight. Extensive searches in Turkey produced no result, and he left his passport and personal belongings at the hotel.

The application was advertised in the local newspaper in accordance with the applicable Rules. No person, including the missing man, responded within the prescribed period. The court considered its jurisdiction, whether the statutory test was met, and the appropriate date or period of presumed death.

1. The application was granted. The court declared David Horton Cann presumed dead for the purposes of the Presumption of Death Act 2013.
2. The court had jurisdiction because Mr Cann was domiciled in England and Wales. England and Wales was his home, where he had been born, raised, employed and owned property. His visit to Turkey was a holiday.
3. Under section 1, the person must be missing and thought to have died. The statutory seven-year provision does not prevent an application being made earlier. In that event, section 2 applies.
4. The court was satisfied that Mr Cann had died. The absence of a body was not determinative. The evidence showed an intended walk followed by a return to the hotel, extensive searches involving several search parties and specialist resources, no subsequent sightings or communications, and no evidence that he intended to disappear or begin a new life elsewhere. His passport and belongings remained in the hotel.
5. The precise time of death could not be established. The court therefore declared that he died by 9 July 2019, seven days after he went missing. If he were later to reappear, the order could be set aside.