The respective Open Proposals
40. HRH’s final Open Proposal is dated 11 October 2021. It is based entirely as a clean break with all maintenance claims capitalised into a lump sum. General child maintenance is sought of £13,966,035 per annum, reducing to half when the children are in tertiary education, together with holiday costs, capitalised at £153,208,590. The security costs are sought at £12,103,018 per annum, with different figures depending on if the children are at boarding school, in tertiary education and living independently. The figure increases to a claim for £17,169,369 per annum from 2036 to 2062; and then at £12,692,047 per annum from 2063 – 2098 all index linked. In addition, there is a claim for the costs of holiday security ranging from £3.5 million per annum to £6.8 million per annum. In total, all these security figures are capitalised at £787,749,331. The general child maintenance should be paid to HRH outright. It is accepted, if I think it appropriate, that the capitalised security budget should go into a trust, albeit that HH should be excluded from benefit completely. The child allowances of £19,905,200 per annum should be reinstated and capitalised at £216,599,034. This money should also be held in trusts, but with both HH and HRH excluded from benefit. A lump sum is sought for immediate capital needs of £23,288,779 together with the agreed figure of £3,040,000 for education; and £50 million for a legal fees fund. On the basis of these figures, arrears are sought in the sum of £65 million. Turning to the Scott Schedule, a sum of £97,863,126 is sought to compensate for the fact that the items will never be returned. A payment of £13,430,145 is claimed in relation to the TUA charity in Jordan and a payment of 2.5% to cover the Islamic Zakat charitable giving. Finally, the proposal invites a joint public statement to be issued to draw a line under these proceedings. Adding all these sums together gives a figure of £1,418,819,587 which is the total amount sought. 41.
HH’s Open Proposal was dated 11 October 2021. It is on the basis of a global maintenance payment of £10 million per annum, uncapitalised and paid quarterly. This is made up of £6.2 million per annum for security indefinitely and £3.8 million per annum for the children’s general maintenance until the end of tertiary education. It should be paid on conventional terms, with CPI indexation. It should be secured by an irrevocable bank guarantee with HSBC in the sum of £500 million which will survive the death of HH. In addition, there should be the agreed education fund paid in the sum of £3.04 million and a lump sum of £5,278,000 to cover IHT on HRH’s home near Kensington Palace payable by 31 October 2016. There should be no order as to costs.
- MR JUSTICE MOOR:-
- The relevant history, including the litigation history
- Sears Tooth
- Evidence filed in support of the respective cases
- The respective Open Proposals
- The parties’ Case Summaries
- Ilott v The Blue Cross and others
- Lilford (Lord) v Glynn
- Schedule 1 of the Children Act 1989
- Haroutunian v Jennings
- Re P (Child: Financial Provision)
- Ilott
- DN v UD
- Part III of the Matrimonial and Family Proceedings Act 1984
- Agbaje
- More general matters of law
- Moher v Moher
- Baker v Baker
- Prest v Petrodel
- Duxbury
- The evidence of HRH Princess Haya
- The evidence of Director 1
- My conclusions on the issues of principle
- Quantum
- Al-Khatib v Masry
- The security budget
- General maintenance
- The costs of security for the children as adults and the level of security
- Schedule A
- HRH’s home near Kensington Palace
- Castlewood
- Leisure
