Distinguishing the decision of the Supreme Court in A Local Authority v. JB [2021] UKSC 52 as to capacity to engage in sexual relations, the Court finds: ‘The approach set out in Sheffield [City Council v. E [2004] EWHC 2808, pre MCA 2005] and developed thereafter enables the right balance between the protection of the incapacitous and a restriction on paternalistic involvement of the court. P needs to have capacity to understand what marriage is. If P does have that capacity it is not for the court to evaluate the person whom they wish to marry. To do so would be an overreach of the court’s role.’: https://caselaw.nationalarchives.gov.uk/ewcop/2025/42
Charles Cooper | Barrister 