SK, Re

SK, Re

The High Court has jurisdiction under its inherent powers to make protective orders for an adult British citizen abroad where credible evidence suggests she is being detained and at risk of forced marriage, and where her capacity to make autonomous decisions is compromised by duress or coercion. The court may issue injunctive and declaratory relief to ascertain her wishes and protect her autonomy, even in the absence of direct evidence, where the risk is grave and urgent.

Parties
Proposed Plaintiff: SK; Litigation Friend: Anne-Marie Hutchinson; Proposed Defendants: Parents of SK
Jurisdiction
England and Wales
Judgment Date
03 February 2005
Procedural Posture
Originating Summons (family Division, High Court of Justice) / Without Notice Application; Interim Orders; Proceedings Discontinued After Applicant's Wishes Ascertained
Outcome
Proceedings discontinued after SK interviewed by British consular officer and expressed no wish for court intervention.
Legal Topics
Forced Marriage, Inherent Jurisdiction, Protection of Adults, Consular Protection, Injunctive Relief
Family Law Human Rights Private International Law Forced Marriage Inherent Jurisdiction Protection of Adults Consular Protection Injunctive Relief

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Parties

SK

Proposed Plaintiff

Anne-Marie Hutchinson

Litigation Friend

Parents of SK

Proposed Defendants

Procedural Posture

Originating Summons (family Division, High Court of Justice) / Without Notice Application; Interim Orders; Proceedings Discontinued After Applicant's Wishes Ascertained

Legal Issues

  1. 1 Whether the High Court has jurisdiction to intervene to protect an adult British citizen abroad from forced marriage or loss of autonomy
  2. 2 Whether the inherent jurisdiction of the High Court can be used to protect adults lacking capacity due to duress or coercion
  3. 3 What orders are appropriate to ascertain the wishes and protect the autonomy of the proposed plaintiff

Ratio Decidendi

The High Court has jurisdiction under its inherent powers to make protective orders for an adult British citizen abroad where credible evidence suggests she is being detained and at risk of forced marriage, and where her capacity to make autonomous decisions is compromised by duress or coercion. The court may issue injunctive and declaratory relief to ascertain her wishes and protect her autonomy, even in the absence of direct evidence, where the risk is grave and urgent.

Court Disposition

Proceedings discontinued after SK interviewed by British consular officer and expressed no wish for court intervention.

Orders

  • SK to contact the British High Commission in Dhaka for a private interview.
  • Proposed defendants to disclose SK's whereabouts and assist her attendance at the High Commission.