KC & Anor v City of Westminster Social & Community Services Dept. & Anor [2008] EWCA Civ 198 (19 March 2008)

KC & Anor v City of Westminster Social & Community Services Dept. & Anor [2008] EWCA Civ 198 (19 March 2008)

A marriage valid in Bangladesh and under Sharia law, but entered into by a person domiciled in England and lacking capacity to marry under English law, is not recognised as valid in English law due to the dual domicile rule and overriding public policy considerations; the High Court retains jurisdiction to protect the welfare of the incapacitated adult, including to prevent removal from the jurisdiction.

Citation
[2008] EWCA Civ 198
Parties
Appellants: KC and NNC; First Respondent: City of Westminster Social & Community Services Department; Second Respondent: IC (a protected party, by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal allowed in part; declaration varied
Legal Topics
Recognition of Foreign Marriages, Capacity to Marry, Public Policy Exception, Jurisdiction to Protect Vulnerable Adults, Voidable Vs Void Marriages, Best Interests of Incapacitated Adults
Family Law Private International Law Mental Capacity Law Recognition of Foreign Marriages Capacity to Marry Public Policy Exception Jurisdiction to Protect Vulnerable Adults Voidable Vs Void Marriages +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

KC and NNC

Appellants

City of Westminster Social & Community Services Department

First Respondent

IC (a protected party, by his litigation friend the Official Solicitor)

Second Respondent

Procedural Posture

Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether a marriage valid in Bangladesh and under Sharia law, but entered into by a person lacking capacity under English law, is recognised as valid in English law
  2. 2 Whether the High Court has jurisdiction to prevent the removal of an incapacitated adult from the jurisdiction
  3. 3 Whether the Mental Capacity Act 2005 excludes the court's inherent jurisdiction

Ratio Decidendi

A marriage valid in Bangladesh and under Sharia law, but entered into by a person domiciled in England and lacking capacity to marry under English law, is not recognised as valid in English law due to the dual domicile rule and overriding public policy considerations; the High Court retains jurisdiction to protect the welfare of the incapacitated adult, including to prevent removal from the jurisdiction.

Court Disposition

Appeal allowed in part; declaration varied

Orders

  • Permission to appeal refused on grounds 2 and 3 (jurisdiction and best interests)
  • Permission to appeal granted on ground 1 (recognition of marriage); appeal allowed to the extent of varying the declaration