UD v DN: How the Schedule 1 landscape is changing . . . or needs to change?

Laura Moys, Barrister, 1KBW

UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 is one of only a handful of Schedule 1 cases to have made it to the Court of Appeal since Re P (Child: Financial Provision) [2003] EWCA Civ 837 and it is of great significance both in terms of the legal principles it analyses and the practical impact it will have for family practitioners specialising in this area.  Katherine Kelsey was Junior Counsel to Christopher Pocock KC for the appellant father and Laura Moys was Junior Counsel to Charles Howard KC for the respondent mother.  In this article Katherine and Laura explore the principles in the case and the legal arguments which were considered by the Court of Appeal, what properly constitutes ‘special circumstances’, how Schedule 1 might continue to develop, practical considerations when advising clients and recent case law.

The full article will be published in the November issue of Family Law. 

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