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UD v DN (Schedule 1, Children Act 1989, Capital Provision) [2021] EWCA Civ 1947

Date:27 APR 2022
Third slide

(Court of Appeal (Civil Division), King, Moylan and Newey LJJ, 21 December 2021)

Financial remedies – Children Act 1989, Sch 1 – Capital provision – Adult children – Exceptional circumstances requirement.

The Court of Appeal held that it would be inconsistent with the purpose of the statutory scheme, and wording of Sch 1, if the court did not have the power to make a settlement of property order for the benefit of a person who would be over 18 when it took effect; however, protecting the children from the financial pressure or ‘manipulation’ the appellant might exert had not come within the scope of an ‘exceptional’ circumstance which would have justified making an outright capital award in favour of an adult child.


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Neutral Citation Number: [2021] EWCA Civ 1947

Case No: B6/2020/1179

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
MR JUSTICE WILLIAMS 
ZC18P04013

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 21 December 2021

Before:

LADY JUSTICE KING
LORD JUSTICE MOYLAN
and
LORD JUSTICE NEWEY

- - - - - - - - - - - - - - - - - - - - -

UD
Appellant

-and-

DN
(Schedule 1, Children Act 1989;
Capital Provision)

Respondent

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Christopher Pocock QC and Katherine Kelsey (instructed by Hall Brown Solicitors) for the Appellant Father
Charles Howard QC and Laura Moys (instructed by Freemans Solicitors) for the Respondent Mother

Hearing date: 16 June 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment


Covid-19 Protocol:  This judgment was handed down remotely by circulation to the parties’ representatives by email and release to BAILII.  The date and time for hand-down is deemed to be 10:30am on Tuesday 21 December 2021.

Judgment: UD V DN [2021] EWCA Civ 1947

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