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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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