This is the second and updated edition of a practitioner’s guide to running a Schedule 1 case. It is written for those who consider themselves family practitioners and are comfortable with financial remedy work. It is not an academic tome or discursive legal text, but a guide. It is written in a relaxed style and is intended to take you from the time when the client arrives with their problems to the final award. It set out the relevant bits of statute and illustrates how that is applied with up to date case law. It also focuses heavily on practice points, considering tactics, strategies, common arguments and regular pitfalls.
This book takes you through the procedural steps of running or defending such an application, from the form filling and pleadings to evidence gathering, managing a client’s expectations, advising on outcome and framing a final order. It sets out the legal context in detail both totemic and recent cases, big money and modest assets, so that you always have a legal authority for the point you wish to run. It explores the inter-relationship between Schedule 1 and trusts of land cases and has a useful and detailed chapter on all of the basics of TLATA, estoppel and s 37 MPPA 1970, both procedure and legal principles, so that you can advise clients on this aspect and run a parallel case with confidence.
Ultimately the book is a plea to practitioners to make more and better use of the unloved but rather helpful Schedule 1, to have confidence in it and not to save it just for special occasions.
ABOUT THE AUTHOR
Katharine Bundell is a senior barrister in private practice at 4PB. She specialises in financial remedy, and private law children including abduction with a long-standing background in trusts of land work. Much of her practice has an international flavour, a trusts element an/or complex corporate structures. She is a qualified Arbitrator (MCI Arb), a frequent mentor and a regular pupil supervisor. She often writes published articles, lectures for most of the main CPD providers and last year presented to the New York State Bar Association on the treatment of crypto currency in this jurisdiction.
CONTENTS
Chapter One – Introduction: The Purpose of This Guide
Chapter Two – The Statute
Chapter Three – Schedule 1 and Statutory Child Support: A Double Act?
Chapter Four – How Does Schedule 1 Differ FromFinancial Remedy?
Chapter Five – The Scope of the Claim
Chapter Six – Quick Guide to What Orders Can Be Made Under Schedule 1
Chapter Seven – The Parties
Chapter Eight – Blended Families and Morgan v Hill [2007] 1 FLR 1480
Chapter Nine – Needs and Affordability
Chapter Ten – Schedule 1 Outside of the Court Process
Chapter Eleven – Schedule 1 Inside the Court Process
Chapter Twelve – Periodical Payments
Chapter Thirteen – Lump Sums
Chapter Fourteen – Costs
Chapter Fifteen – Property Settlement and Transfer
Chapter Sixteen – Subsequent Orders
Chapter Seventeen– Trusts of Land Claims
