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17 July 2026
Issue: 8170 / Categories: Legal News , Family , Court of Protection
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NLJ this week: Court draws line on marriage capacity test

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The Court of Protection has reaffirmed that capacity to marry remains a status-based question rather than one focused on a particular spouse

Writing in NLJ this week, Imogen Mellor, barrister at 4PB, analyses Stockport Metropolitan Borough Council v EKK, where the court rejected arguments for a person-specific assessment. Although such an approach might appear intuitive, the court concluded it would amount to judicial 'spouse vetting' and risk excessive paternalism. Mellor explains that requiring judges to evaluate individual prospective spouses could create inconsistent decisions and impose unrealistic expectations on vulnerable people.

The ruling also reinforces the principle that making an unwise decision does not necessarily indicate a lack of capacity. While tensions remain between different capacity tests, particularly concerning contact and sexual relationships, the judgment provides welcome clarity that marriage continues to be assessed by reference to the legal status itself, rather than the qualities of a proposed partner.

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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