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However, it would seem that Cuthbert's failure on the wedding night was no more than 'bridegroom's nerves' and this would not be sufficient to establish incapacity.
4. s.12(b) MCA 1973 - Cuthbert could petition on the ground that the marriage has not been consummated due to Nadia's wilful refusal. In the case of Horton v Horton , wilful refusal was defined as a 'settled and definite decision come to without just excuse'...
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s.12(b) MCA 1973 - Cuthbert could petition on the ground that the marriage has not been consummated due to Nadia's wilful refusal. In the case of Horton v Horton , wilful refusal was defined as a 'settled and definite decision come to without just excuse'. Has Nadia a 'just excuse'? 'Loss of ardour' has been treated as a 'just excuse' (in Potter v Potter ) - is this implied in Nadia's statement that she no longer 'fancies' Cuthbert?
Nadia could, in addition, mount a defence on the basis of their agreement to have nothing more to do with one another after the ceremony...
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