Vince v Wyatt – Round 2

February 10, 2014

Further to my previous blog on this issue, surprise surprise; the Supreme Court will hear an appeal by the wife in the case of Vince v Wyatt [2013] EWCA Civ 495.

 

Just when you thought this problem had gone to bed – it rears it’s head again.

 

You myat recall from my earlier blog  that in May 2013 the Court of Appeal allowed the husband’s appeal against the dismissal of his application to strike out his former wife’s claim for a financial remedy, which she issued some 18 years after the parties were divorced.

 

The Court also held that an A v A order should not have been made against the husband requiring him to pay a total of £125,000 to fund his ex-wife’s legal costs of bringing the claim against him. In the High Court Mr Vince had been ordered to pay £125,000 directly to Ms Wyatt’s solicitors.


There are six grounds of appeal in respect of each of which permission to appeal has been granted. The constitution of the Appellate Committee which granted permission was Baroness Hale, Lord Sumption and Lord Carnwath.

 

The essential points on appeal are:

  • Whether or not it is permissible to strike out a party’s Form A financial remedy application without the merits of such party’s claim being considered by a court of trial; and

  • What is the legal and beneficial status of monies paid under the A v A jurisdiction?

The appeal before the Supreme Court is likely to be heard in December 2014.

 

Watch this space!

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