M v B & Ors

S lacks capacity to marry; there is a substantial risk parents would arrange a marriage for S in Pakistan; injunctive relief is necessary to protect S's best interests and prevent irreparable harm; court has jurisdiction to grant such relief under its inherent jurisdiction.

Parties: Claimant: M; First Defendant: B; Second Defendant: A; Third Defendant: S
Jurisdiction: England and Wales
Judgment Date: 28 July 2005
Procedural Posture: Originating Application Under Inherent Jurisdiction / Part 8 Claim / Final Judgment
Outcome: Declarations granted; injunctive relief issued.
Legal Topics: Capacity to Marry, Injunctive Relief, Best Interests, Parens Patriae Jurisdiction, Declaratory Relief, Article 8 ECHR

Family Law Mental Capacity Law Human Rights Capacity to Marry Injunctive Relief Best Interests Parens Patriae Jurisdiction Declaratory Relief +1 more

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Parties

Claimant

First Defendant

Second Defendant

Third Defendant

Procedural Posture

Originating Application Under Inherent Jurisdiction / Part 8 Claim / Final Judgment

Legal Issues

1 Does S lack capacity to marry?
2 Is there a real possibility the parents would arrange a marriage for S in Pakistan?
3 Should injunctive relief be granted to protect S from such risk?

Ratio Decidendi

Court Disposition

Declarations granted; injunctive relief issued.

Orders

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