Barbara Connolly KC and Gina Allwood appeared in A Local Authority v AC and Others (Consent to Marriage) [2026] EWCOP 31 (T3).

The Honourable Mr. Justice Hayden reformulated the relevant information for capacity to marry as a deliberately simple and autonomy-promoting test: the person must understand that marriage is a formal, mutual agreement between two adults, involving reciprocal promises, which changes each person’s status from an individual to part of a couple, is intended to endure, is publicly recognised, and requires a formal process both to enter and to leave; the person need not understand the detailed legal or financial consequences, culturally variable “duties and responsibilities”, the fairness of the particular relationship, or whether marrying is wise. Hayden J also held that although sexual relations are not a necessary feature of any particular marriage, capacity to engage in sexual relations, including an understanding of their nature, mutuality and consent, is a prerequisite to capacity to marry, because otherwise a vulnerable person could enter a status carrying foreseeable sexual expectations without the capacity to exercise or protect their own sexual autonomy.

Barbara was instructed to represent the applicant local authority and Gina was instructed by Welford Solicitors to represent one of the respondents.

You can read the judgement here.

Share: