Hanging on the Telephone: City of Westminster v IC

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