Tracey v Tracey

Tracey v Tracey

The trial judge overstated the father's assets and failed to consider significant new medical evidence affecting his earning capacity. The appellate court found that the judgment could not stand and exercised its discretion afresh, favouring a lump sum for foreseeable school fees but allowing flexibility for future, less predictable liabilities.

Parties
Claimant/appellant: Tracey; Defendant/respondent: Tracey
Jurisdiction
England and Wales
Judgment Date
15 May 2006
Procedural Posture
Family / Appeal
Outcome
Appeal allowed in part
Legal Topics
Variation of Consent Order, School Fees, Lump Sum Payment, Secured Periodical Payments, Financial Provision for Children
Family Law Variation of Consent Order School Fees Lump Sum Payment Secured Periodical Payments Financial Provision for Children

Case Brief

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Parties

Tracey

Claimant/appellant

Tracey

Defendant/respondent

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the father's liability for private school fees should be varied or discharged due to his deteriorating financial and medical circumstances
  2. 2 Whether a lump sum or secured periodical payments order is appropriate for future school fees

Ratio Decidendi

The trial judge overstated the father's assets and failed to consider significant new medical evidence affecting his earning capacity. The appellate court found that the judgment could not stand and exercised its discretion afresh, favouring a lump sum for foreseeable school fees but allowing flexibility for future, less predictable liabilities.

Court Disposition

Appeal allowed in part

Orders

  • Permission to appeal granted
  • Appeal allowed to the extent of deleting lump sum for A's fees at Cranleigh