KC & Anor v City of Westminster Social & Community Services Dept. & Anor

KC & Anor v City of Westminster Social & Community Services Dept. & Anor

The marriage of IC, a person domiciled in England and lacking capacity to marry under English law, though valid in Bangladesh, is not recognised as a valid marriage in this jurisdiction due to incapacity and public policy. The High Court retains jurisdiction to protect IC, including preventing his removal abroad.

Parties
Appellant: KC; Appellant: 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/protection of Vulnerable Adults) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part; declaration varied; otherwise dismissed.
Legal Topics
Recognition of Foreign Marriages, Capacity to Marry, Jurisdiction to Protect Vulnerable Adults, Public Policy Exception, Nullity of Marriage
Family Law Private International Law Mental Capacity Recognition of Foreign Marriages Capacity to Marry Jurisdiction to Protect Vulnerable Adults Public Policy Exception Nullity of Marriage

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Parties

KC

Appellant

NNC

Appellant

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/protection of Vulnerable Adults) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the marriage of an English-domiciled, mentally incapacitated adult contracted in Bangladesh is recognised as valid in English law
  2. 2 Whether the High Court has jurisdiction to prevent removal of the vulnerable adult from the jurisdiction
  3. 3 Whether the court should exercise its jurisdiction to protect the adult's welfare

Ratio Decidendi

The marriage of IC, a person domiciled in England and lacking capacity to marry under English law, though valid in Bangladesh, is not recognised as a valid marriage in this jurisdiction due to incapacity and public policy. The High Court retains jurisdiction to protect IC, including preventing his removal abroad.

Court Disposition

Appeal allowed in part; declaration varied; otherwise dismissed.

Orders

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