Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

X City Council v MB

325 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

X City Council v MB, NB and MAB [2006] EWHC 168 (Fam)

The capacity of an adult with autistic spectrum disorder to marry.

Facts

M, aged 25, had severe autistic spectrum disorder. He was cared for by P, who had arranged for him to meet his cousin in order to be married. The cousin had been refused entry into the UK, so P arranged for M to travel to Pakistan. P was advised that a long flight may be detrimental to M’s wellbeing, but appeared to wish to continue with the plan. The Council obtained emergency injunctions seizing M’s passport and sought to have full injunctions made preventing his travel. All parties conceded that M did not have the capacity to marry and P argued that injunctions were unnecessary because undertakings not to take M to Pakistan or cause him to be married could be given.

Issue

(1) When could the court intervene in circumstances such as this? (2) What would be the effect of a marriage made where a party to it could not give consent? (3) Should the emergency injunctions be made full injunctions?

Held

(1)  The court held that it was able to exercise its protective role where there was a real possibility of harm to a vulnerable adult. This was particularly the case where taking the relevant steps gave the court the opportunity to prevent serious and irreparable harm occurring in the future. (2) The court made a declaration that any marriage entered into by M in any country would not be held to a be a valid marriage in English law because M lacked the capacity to marry. (3) Injunctions were not necessary on these facts because P’s family were honourable and therefore undertakings not to take M to Pakistan or to cause him to marry were sufficient. The court was also aware that M’s condition might improve in the future and that, if this occurred, he may then have the required capacity to marry.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report