The Supreme Court will hear an appeal by the wife in the case of Vince v Wyatt [2013] EWCA Civ 495. 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, issued 18 years after the parties were divorced.

The court also concluded that an A v A order should not have been made requiring the husband to pay £125,000 to fund his ex-wife’s legal costs.

The points on appeal are:
1. Whether or not it is permissible to strike out a party’s Form A financial remedy application without the merits of such party’s claims being considered by a court of trial; and

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

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

If you have any queries regarding this post, please do not hesitate to contact Rachael Oakes at rachael.oakes@henmansfreeth.co.uk