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24 May 2013
Issue: 7561 / Categories: Case law , Law reports , In Court
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Family law—Procedure—Striking out

Wyatt v Vince [2013] EWCA Civ 495, [2013] All ER (D) 96 (May)

Court of Appeal, Civil Division, Lord Justice Thorpe, Lord Justice Jackson & Lord Justice Tomlinson, 8 May 2013

The court should adopt the same broad approach to the interpretation and application of r 4.4(1)(b) of the Family Procedure Rules (FPR) as in relation to CPR 3.4(2)(b) in the context of civil proceedings.

Philip Cayford QC (instructed by Mishcon De Reya) for the wife. Martin Pointer QC, Geoffrey Kingscote and Simon Webster (instructed by Schillings) for the husband.

The parties married in December 1981. At the time they had neither assets nor income. A son, D, had been born in May 1981. The wife already had a daughter, E, born in 1979, whom the husband accepted into the family. They separated in about 1984. The wife moved to Lowestoft where she survived on state benefits. The husband housed himself in Bath in an old ambulance. The husband had a new relationship in the late 1980s; there was one

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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