Schedule 1: Welfare widely construed

Hall Brown | February 2023 #220
Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …

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Schedule 1: Setting boundaries

Hall Brown | June 2022 #214
Matthew Hodgson and Edward Davison highlight a Sch 1 claim where the court considered the approach to indebtedness and provision to allow for future career development A claim for maintenance which is earmarked for a parent’s career development falls on the wrong side of the line between a claim which is for the benefit of …

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Schedule 1: Viewed in the round

Paris Smith LLP | February 2022 #210
Heather Souter reflects on the usefulness of the millionaire’s defence in Sch 1 proceedings in the context of the statutory criteria While Re Z confirms that the millionaire’s defence may be raised and relied upon in Sch 1 proceedings, it is important to note that such a defence does not give blanket protection when it …

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Schedule 1: Ripe for change?

Vardags | June 2021 #204
Aisling O’Reilly, Lois Rogers and Sophie Groves argue that more flexibility is needed in Sch 1 cases to avoid a ‘cliff edge’ when provision under an order comes to an end It is important that any developments in the law regarding Sch 1 cases do not resemble matrimonial rights ‘through the back door’, but the …

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