header-logo header-logo

24 May 2013
Issue: 7561 / Categories: Case law , Law reports , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
back-to-top-scroll