[2025] EWHC 1335 (Fam)

I accept the submissions made on behalf of the mother as to the legal tests to be applied by the court when determining the father’s applications and the approach the court should take in terms of only considering the mother’s case as pleaded and taking account of the evidence upon which she has relied and not relying on any disputed issues of fact.

I accept that the courts have in the past given effect to letters of intent as creating binding and enforceable agreements. I note, however, that all of the authorities relied upon by the mother in support of this submission were in a commercial context.

The court is bound to have regard to and to give considerable weight to the context in which the letter of intent came to be drafted and to be signed by the mother and father. They were both concerned with ensuring that the father made sufficient financial provision to provide for T’s needs, her care and her stability. For the mother this primarily, but not exclusively, concerned the provision of a home in which she and T could live and which would provide T with a stable home life. For the father he had the same aspiration but was also concerned that T’s home would be in a close geographical location to his home to enable him to play a full and beneficial role in T’s life.

Ultimately these objectives were met by the purchase of the property in which the mother and T have lived for many years. Nevertheless, the family has been embroiled in acrimonious litigation about with whom T should live and with whom she should spend time for almost the whole of her life to date.

The negotiations between the parents in respect of the provision of a property for T were conducted in the midst of court proceedings and court orders concerning the living arrangements and the financial arrangements for the child. The letter of intent was drafted and signed without either parent having the benefit of independent legal advice or representation.

The letter of intent commenced with the words “The contents of this letter are intended to be binding but are without prejudice until implemented.” It is not in dispute that the contents were not implemented. This sentence was followed by: “This agreement supersedes the Financial Arrangements Order of DJ Moss dated 23 October 2013…”

In all of the circumstances, but confined to the evidence submitted and relied upon by the mother in support of her claim, I am satisfied and find that the letter of intent did not create a binding and enforceable contract between the mother and the father at all and specifically in relation to the mother having a personal interest or benefit in the property purchased for her and T.

In the premises, I am satisfied that the mother’s claim has no real or realistic prospect of succeeding and there is no other compelling reason why the case should be disposed at a trial.