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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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