Westminster City Council v C

Subject Matter

HIGH COURT — Jurisdiction — Declaratory relief — Welfare of incapable adult — Local authority applying under inherent jurisdiction for orders as to future protection and management — Whether jurisdiction to determine place of residence — Whether jurisdiction to prohibit removal to foreign state on basis of best interests

[2008] EWCA Civ 198; [2009] Fam 11; [2009] 2 WLR 185; [2008] 2 FLR 267; (2008) 158 NLJ 479, CA

HUSBAND AND WIFE — Marriage — Capacity to marry — Vulnerable man domiciled and present in England lacking intellectual capacity to marry — Man married by telephone to woman in Bangladesh — Place of celebration assumed to be Bangladesh — Marriage valid according to Bangladeshi law — Local authority applying under inherent jurisdiction for declaration as to man's capacity to marry — Judge declaring marriage invalid — Whether marriage void or voidable — Whether jurisdiction to declare marriage void on application for declaration — Whether dual domicile rule applying — Whether recognition of marriage contrary to public policy — Whether marriage to be recognised — Matrimonial Causes Act 1973 (as amended by Mental Health Act 1983, s 148, Sch 4, para 34), s 12(c)

[2008] EWCA Civ 198; [2009] Fam 11; [2009] 2 WLR 185; [2008] 2 FLR 267; (2008) 158 NLJ 479, CA

Appellate History