X City Council v MB & Ors

X City Council v MB & Ors

MAB lacks the capacity to marry and to consent to sexual relations. Any marriage celebrated by him, whether in England or abroad, will not be recognised in English law. The court accepted undertakings from the parents not to arrange any marriage or take MAB abroad, finding these sufficient given their good faith and commitment, and ordered the return of MAB's passport. The court provided for future review if MAB's condition changes.

Parties
Claimant: X City Council; Defendant: MB; Defendant: NB; Defendant: MAB (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
13 February 2006
Procedural Posture
Family (inherent Jurisdiction, Vulnerable Adult) / Final Judgment After Trial
Outcome
Declarations granted; undertakings accepted; passport to be returned; costs order made.
Legal Topics
Capacity to Marry, Forced Marriage, Recognition of Foreign Marriages, Capacity to Consent to Sexual Relations, Protective Jurisdiction, Declarations and Injunctive Relief
Family Law Mental Capacity Law Conflict of Laws Capacity to Marry Forced Marriage Recognition of Foreign Marriages Capacity to Consent to Sexual Relations Protective Jurisdiction +1 more

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Parties

X City Council

Claimant

MB

Defendant

NB

Defendant

MAB (by his litigation friend the Official Solicitor)

Defendant

Procedural Posture

Family (inherent Jurisdiction, Vulnerable Adult) / Final Judgment After Trial

Legal Issues

  1. 1 Does MAB have capacity to marry?
  2. 2 Should the court grant injunctive relief or accept undertakings from the parents?
  3. 3 Will a marriage celebrated abroad be recognised in English law if MAB lacks capacity?

Ratio Decidendi

MAB lacks the capacity to marry and to consent to sexual relations. Any marriage celebrated by him, whether in England or abroad, will not be recognised in English law. The court accepted undertakings from the parents not to arrange any marriage or take MAB abroad, finding these sufficient given their good faith and commitment, and ordered the return of MAB's passport. The court provided for future review if MAB's condition changes.

Court Disposition

Declarations granted; undertakings accepted; passport to be returned; costs order made.

Orders

  • Declaration that MAB lacks capacity to marry.
  • Declaration that any marriage by MAB, inside or outside England and Wales, will not be recognised in English law.