Q&As

An offer has been made under Part 36 of the Civil Procedure Rules 1998 in full and final settlement of claims under the Trusts of Land and Appointment of Trustees Act 1996, the Married Women’s Property Act 1882 and any claim for a child under Schedule 1 to the Children Act 1989. If accepted, will this preclude an unmarried parent from making any further claims in relation to the child?

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Published on LexisPSL on 01/10/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • An offer has been made under Part 36 of the Civil Procedure Rules 1998 in full and final settlement of claims under the Trusts of Land and Appointment of Trustees Act 1996, the Married Women’s Property Act 1882 and any claim for a child under Schedule 1 to the Children Act 1989. If accepted, will this preclude an unmarried parent from making any further claims in relation to the child?

While proceedings under the Trusts of Land and Appointment of Trustees Act 1996 are dealt with under the Civil Procedure Rules 1998 (CPR), SI 1998/3132, proceedings under Schedule 1 to the Children Act 1989 (ChA 1989) and section 17 of the Married Women’s Property Act 1882 are subject to the Family Procedure Rules 2010, SI 2010/2955. A Part 36 offer (ie made under CPR 36) will therefore only be effective as to costs in relation to proceedings that are subject to the CPR. See also Practice Note: TOLATA 1996—Part 36 offers.

Even where the parties are spouses or civil partners, Crozier v Crozier is authority that while the parties can achieve a clean break between themselves, they cannot do so in respect of their child. Accordingly, section 25A of the Matrimonial Causes Act 1973 provides that (emphasis added):

‘…it shall be the duty of the court to consider whether it wo

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