PBM v TGT [2019] EWCOP 6

WTLR Issue: Autumn 2019 #176

PBM (by his litigation friend, The Official Solicitor)


1. TGT



PBM sought to marry his fiancée and take charge of his property and affairs. TGT, his property and affairs deputy, obtained a caveat against the marriage under the Marriage Act 1949 and sought directions from the Court. It was eventually agreed that PBM had capacity to marry, to make a will and to enter into a prenuptial agreement but that he lacked capacity to manage his property and affairs. However, it was not agreed whether PBM should be told of the extent of his assets, or whether he had capacity to decide that question.

Counsel details

David Rees QC (5 Stone Buildings, Lincoln’s Inn, Holborn, London WC2A 3XT) for the applicant, instructed by Clarke Willmott LLP (5 St Helen’s Place, London EC3A 6AB, tel: 0203 733 6000)

Deirdre Fottrell QC and Jessica Lee (1GC|Family Law, 10 Lincoln’s Inn Fields, Holborn, London WC2A 3BP) for the first respondent, instructed by Z Solicitors (52 Lozells Rd, Birmingham B19 2TJ, tel: 0121 523 2970).

David Hughes (30 Park Place, Cardiff, CF10 3BS, tel: 02920 398421) for the second respondent, instructed by X Legal Services.

Cases referenced

Cases in bold have further reading - click to view.

  • A, B & C v X & Z [2013] COPLR 1
  • EXB v FDZ and others [2018] EWHC 3456 (QB) 

  • PC v City of York Council [2013] EWCA Civ 478; [2013] COPLR 409
  • Re M; ITW v Z [2009] WTLR 1791, [2009] EWHC 2525 (Fam)
  • Sheffield City Council v E [2004] EWHC 2808 (Fam)

Legislation referenced

Legislation in bold has further reading - click to view.

  • Marriage Act 1949
  • Mental Capacity Act 2005, ss1, 2, 3, 4, 5, 16
  • Social Services and Wellbeing (Wales) Act 2014, ss19, 126
  • UN Convention of the Rights of Persons with Disabilities