G v A (No 4) (Schedule 1 settlement of property) [2011] EWHC 2377 (Fam) (29 November 2011)

G v A (No 4) (Schedule 1 settlement of property) [2011] EWHC 2377 (Fam) (29 November 2011)

The actions of the father and Dr Pelling, whether intentional or not, obstructed the implementation of the court's previous orders for the purchase of a property for the child. To prevent further delay and obstruction, it was necessary to empower Mr Swycher to act alone as sole trustee, indemnify him, prohibit...

Source-derived case information.

Citation
[2011] EWHC 2377 (Fam)
Parties
Mother: G; Father: A; Trustee: Dr Michael Pelling; Trustee: Mr Ian Swycher
Jurisdiction
England and Wales
Judgment Date
19 September 2011
Procedural Posture
Children Act 1989, Schedule 1 Application / Post Judgment Enforcement and Directions
Outcome
Application granted; orders made to empower sole trustee, prohibit interference, and award costs.
Legal Topics
Children Act 1989 Schedule 1, Trustee Powers, Property Purchase for Child, Costs Orders
Family Law Trusts Children Act 1989 Schedule 1 Trustee Powers Property Purchase for Child Costs Orders

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Parties

G

Mother

A

Father

Dr Michael Pelling

Trustee

Mr Ian Swycher

Trustee

Procedural Posture

Children Act 1989, Schedule 1 Application / Post Judgment Enforcement and Directions

Legal Issues

  1. 1 Whether the trustee can act alone to complete the purchase of a property for the child
  2. 2 Whether the actions of the father and Dr Pelling constituted obstruction
  3. 3 Whether indemnities and directions should be given to the sole trustee

Ratio Decidendi

The actions of the father and Dr Pelling, whether intentional or not, obstructed the implementation of the court's previous orders for the purchase of a property for the child. To prevent further delay and obstruction, it was necessary to empower Mr Swycher to act alone as sole trustee, indemnify him, prohibit further interference, and make a modest costs order against the father and Dr Pelling.

Court Disposition

Application granted; orders made to empower sole trustee, prohibit interference, and award costs.

Orders

  • Mr Ian Swycher empowered to act alone as sole trustee to complete the property purchase.
  • Payments by Mr Swycher (£720 and £500) and Dr Pelling (£118.45) declared lawful.