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Schedule 1 Children Act 1989 - who is the beneficiary?

7 replies

samanthamplified · 21/02/2018 12:09

`Hello,

Who is the beneficial owner of the monies awarded in a financial claim under Schedule 1 Children Act 1989

The parent/guardian bringing the claim or the child for whom it is in benefit of?

Thanks

OP posts:
Familylawsolicitor · 21/02/2018 14:35

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Message withdrawn at poster's request.

samanthamplified · 21/02/2018 15:12

The other side want to deduct their costs they were awarded from the lump sum - this means the partial lump sum paid will not be able to meet the needs it was awarded for

Does this open the door to a new Sch 1 application because the award from the last one could not meet the purpose it was awarded for?

OP posts:
Quartz2208 · 21/02/2018 15:15

Did you get a costs order as part of the agreement - costs should have been heard as part of the hearing

And without a costs order then no they should not be removing costs from the amount agreed

samanthamplified · 21/02/2018 15:49

No it wasn't part of the agreement

They do have a costs order, but I don't think they should've been allowed to deduct the monies anyway

My point is the monies were for a specific purpose and that purpose will now be unfulfilled because of this - so I may make a new application

Am I going about this wrong?

OP posts:
Quartz2208 · 21/02/2018 15:54

What does the cost order say that you have to pay the costs?

samanthamplified · 21/02/2018 16:07

Yes

OP posts:
Familylawsolicitor · 21/02/2018 17:15

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Message withdrawn at poster's request.

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