M v B & Ors [2005] EWHC 1681 (Fam) (28 July 2005)

M v B & Ors [2005] EWHC 1681 (Fam) (28 July 2005)

S lacks capacity to marry as established by unchallenged expert evidence; there is a real and substantial risk, based on parental history, statements, and cultural motivation, that her parents would arrange a marriage for her in Pakistan if permitted; injunctive relief is necessary and proportionate to protect S's best interests and prevent irreparable harm.

Citation
[2005] EWHC 1681 (Fam)
Parties
Claimant: M; First Defendant: B; Second Defendant: A; Third Defendant: S (by the Official Solicitor as her Litigation Friend)
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Originating Application Under the Court's Inherent Jurisdiction / Part 8 Claim (cpr) / Final Judgment After Hearing
Outcome
Declarations granted that S lacks capacity to marry and that it is not in her best interests to marry or leave the jurisdiction; final injunctive relief granted restraining parents from arranging marriage or removing S from jurisdiction without leave of court; guidance given on procedural matters.
Legal Topics
Capacity to Marry, Injunctive Relief, Best Interests, Inherent Jurisdiction, Declaratory Relief, Article 8 ECHR
Family Law Mental Capacity Law Human Rights Capacity to Marry Injunctive Relief Best Interests Inherent Jurisdiction Declaratory Relief +1 more

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Parties

M

Claimant

B

First Defendant

A

Second Defendant

S (by the Official Solicitor as her Litigation Friend)

Third Defendant

Procedural Posture

Originating Application Under the Court's Inherent Jurisdiction / Part 8 Claim (cpr) / Final Judgment After Hearing

Legal Issues

  1. 1 Whether S lacks capacity to marry
  2. 2 Whether there is a real possibility that S's parents would arrange a marriage for her in Pakistan if permitted to travel
  3. 3 Whether injunctive relief is justified to protect S's best interests

Ratio Decidendi

S lacks capacity to marry as established by unchallenged expert evidence; there is a real and substantial risk, based on parental history, statements, and cultural motivation, that her parents would arrange a marriage for her in Pakistan if permitted; injunctive relief is necessary and proportionate to protect S's best interests and prevent irreparable harm.

Court Disposition

Declarations granted that S lacks capacity to marry and that it is not in her best interests to marry or leave the jurisdiction; final injunctive relief granted restraining parents from arranging marriage or removing S from jurisdiction without leave of court; guidance given on procedural matters.

Orders

  • Declaration that S lacks capacity to marry
  • Declaration that it is not in S's best interests to marry or leave the jurisdiction