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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll