Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh)

What are the practical implications of this case?

Cases involving bigamy are relatively rare and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note however is the way in which the final hearing was dealt with remotely in light of the COVID-19 pandemic.

The final three-day hearing was listed for 30 March 2020 however the President of the Family Division Sir Andrew McFarlane issued ‘COVID 19: National Guidance for the Family Court’ on 19 March 2020 following directions from the Lord Chief Justice on 24 February 2020 which stated that ‘No hearings which require people to attend are to take place in any County or Family Court until further notice unless there is genuine urgency and no remote hearing is possible.’ Since it was considered likely that a fair hearing could be achieved remotely arrangements were made with parties and Queen’s Proctor for this hearing to...

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