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- 23 April 2025
- 16 October 2025
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Schedule 1 Property Structures
The main focus in cases under Schedule 1 to the Children Act 1989 is often on how to meet the housing needs of a child; understandably so, as it is usually the largest cost. It can also be the starting point for settlement as the type of property and loca…
- Journal
- Children Act 1989 Schedule 1 Applications
!06/07/2022 07:07
Child Maintenance and Mortgage Payments – New Guidance: LM v SSWP & NM [2024] UKUT 259 (AAC)
What happens if the Child Maintenance Service has determined that a non-resident parent is required to pay child maintenance to the parent-with-care, but payments are also being made towards the mortgage secured on the property in which PWC still lives with the qualifying child/children? Does it matter if the property is jointly owned by NRP and PWC? Will those mortgage payments reduce the amount of child maintenance?
- Blog
- Mortgages
- Child Maintenance
!29/11/2024 06:00
ST v AR: The Origin of Assets and the Assessment of Needs
As Mostyn J observed in Clarke v Clarke [2023] 2 FLR 1 at [36], Peel J’s oft-quoted summary of the law in WC v HC (Financial Remedies Agreements) (Rev 1) [2022] 2 FLR 1110 at [21] is an ‘impeccable synopsis of the jurisprudence applicable in financial remedy cases [which] has become justly famous’. Somewhat more colloquially, Peel J has himself said (with a smile) that he has heard his summary described as ‘the Noddy Guide’ to financial remedies.
- Blog
- Assets
- Needs
!01/04/2025 10:20
Schedule 1 Remedies for the Older Child
HHJ Hess recently handed down a helpful decision as to jurisdiction under Schedule 1 for an adult child in J & K v L (Schedule 1: Older Children) [2021] EWFC B104. While this decision is non-binding, the judgment offers an exceptionally lucid and helpful analysis of existing case law.
- Journal
- Children Act 1989 Schedule 1 Applications
!06/07/2022 07:08
The Changing Limits of the Without Prejudice Doctrine (in the Light of the Shift in FPR Part 3)
In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.
- Blog
- Without Prejudice
!04/04/2025 07:00
