Hayley Trim's Analysis: Pre-pay and top-up - a wider Schedule 1 jurisdiction?

Pre-pay and top-up - a wider Schedule 1 jurisdiction?

Charles J recently gave judgment in CF v KM [2010] EWHC 1754 (fam). He held that the court had jurisdiction to make a lump sum order towards the mother's costs of both her Schedule 1 claim and Section 8 proceedings before and otherwise than on a final determination of her Schedule 1 claim. This was in circumstances where the current CSA assessment put the father's income at below the maximum £104 000p/a net and therefore "top-up" periodical payments would not be permitted (although see below). This was the first case to address this particular jurisdictional issue.

The lump sum order made was limited to the judge's own estimate of the mother's future costs because he was not satisfied with her explanation of how she had funded some of her past costs and her costs going forward were not sufficiently particularised by reference to the...

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