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Judgment: An application by the former wife for a financial remedy order in respect of the parties’ only child, a six-year-old girl. The issue was to what extent the court should exercise its jurisdiction under section 23 of the Matrimonial Causes Act 1973 to impose conditions on the release to the parties of a frozen fund of some £3.74 million, the fund having derived from the settlement of a medical negligence claim launched on behalf of their daughter. In Roberts J's view, there had to be a formal mechanism for ensuring that the child continued to benefit from those funds. She rejected the idea of a section 89 disability trust. She made an order for child maintenance of £2,000 per month. A sum of £150,000 from the father's share of the settlement monies would be set aside as a secured maintenance fund, with the father being entitled to draw down against that fund for the child maintenance payments. £900,000 of the settlement monies could be used by the father towards purchasing a property of his own, with a charge on the property in the child's name for that amount. The mother would be permitted to use settlement monies to redeem her existing mortgage. As a condition of the release of these funds, each parent would be required to purchase life insurance with the daughter as beneficiary.

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