Mundell v Name 1 [2019] EWCOP 50

Application by the P's Deputy for Property and Affairs for a declaration that the P did not have capacity to marry. The application was dismissed.

The P suffered from learning difficulties. Several years ago he had a road accident and as a result had been awarded a substantial sum in compensation. His partner lived in his house with her two children and they had set a date to be married. The court had to decide if the P had capacity to marry. One of the main concerns was that if the marriage broke down and the partner made a claim for financial provision, the P would be unable to provide for himself financially.

The court ruled that the P did have capacity to marry. The court said that: "it would be inappropriate and, indeed, arguably dangerous to introduce into the test for capacity to marry a requirement that there should be anything more than a knowledge that divorce may bring about a financial claim" adding that even if the marriage did break down "[t]here are numerous authorities in the books which have effectively emphasised the near-immunity of personal injury awards from a financial claim."

Read the full text of the judgment on Bailii