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Family Law

The leading authority on all aspects of family law

25 SEP 2013

Children Act 1989, Sch 1: important developments: PG v TW

Philip Cayford QC and Jonathan Tod, 29 Bedford Row Chambers, London

Henry and Julius Brookman, Brookman Solicitors:

The High Court decisions in PG v TW (Nos 1 and 2) are significant for the scope and breadth of the issues they throw up under Schedule 1 of the Children Act 1989.  The litigation centred on the child of a prominent and gifted footballer, who has played (and still plays) at the highest level in England. Both father and mother originate from an African country, to which mother had already returned with the child.  Jurisdiction, a non-resident applicant, procedure, interim cost funding, the assessment of quantum in a foreign country, the ongoing significance of the carer's allowance, the millionaire's defence, capitalisation of a car fund, security, anonymity, Calderbank offers and the awarding of indemnity costs all featured. It was also the first time a court had considered the relatively new EU Maintenance Regulation (Council Regulation (EC) No 4/2009) in a Sch 1 context.

The full version of this article appears in the October 2013 issue of Family Law.

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