KC and Another v City of Westminster Social and Community Services Dept. and Another; Westminster City Council v C and others: CA 19 Mar 2008

A ‘marriage’ though valid under both Sharia law and the lex loci celebrationis despite the manifest incapacity of one of the parties was not, on grounds of public policy, entitled to recognition in English law.
The 2005 Act has not abolished the inherent jurisdiction, which continues to exist alongside the new jurisdiction


Thorpe, Wall, Hallett LJJ


[2008] EWCA Civ 198, [2008] 2 FLR 267, [2008] Fam Law 517, [2009] 2 WLR 185




England and Wales

Cited by:

CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedN v ACCG and Others SC 22-Mar-2017
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Lists of cited by and citing cases may be incomplete.


Updated: 24 July 2022; Ref: scu.266390