Hanging on the Telephone: City of Westminster v IC

13 Pages Posted: 24 Oct 2011

See all articles by Rebecca Probert

Rebecca Probert

University of Warwick - School of Law

Date Written: October 24, 2011

Abstract

This case, involving a Muslim ceremony of marriage conducted over the telephone between parties resident in different jurisdictions, one of whom lacked the capacity to consent to a marriage in the eyes of English law, raises many questions of relevance both to domestic and to trans-national marriages. When will a marriage ceremony conducted over the telephone be regarded as valid? What rules apply when determining whether a valid consent has been given? How far should the law intervene to protect vulnerable adults? And should a marriage that is not based on full and free consent be classified as no marriage at all?

Keywords: City of Westminster v IC, Muslim marriage ceremony, jurisdiction, capacity to consent, England, telephone marriage ceremony, vulnerable adult

Suggested Citation

Probert, Rebecca, Hanging on the Telephone: City of Westminster v IC (October 24, 2011). Child and Family Law Quarterly, Vol. 20, No. 3, pp. 395-407, 2008. Available at SSRN: https://ssrn.com/abstract=1948599

Rebecca Probert (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524484 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/probert

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