Strike Out: Early doors

Rachel Nicholl revisits the impact of Vince v Wyatt and guidance on applications to strike out in family proceedings ‘The court may strike out a statement of case if it appears to the court that the statement of case discloses no reasonable grounds for bringing or defending the application.’An application to strike out a statement …
This post is only available to members.

Variation: Challenging odds

Daniel Sanders considers the courts’ approach to variation applications and the limited circumstances in which such an application is likely to succeed ‘A clear and highly compelling change in circumstances must have arisen in order to justify variation of the terms of the original maintenance order, whether as to quantum or term.’For many clients a …
This post is only available to members.

Schedule 1: Lifestyle comparisons

Vicki McLynn details the courts’ approach to persistent applications under Sch 1 and whether standard of living should be a consideration ‘Bodey J noted that the mother sought an income to enable the child to replicate his father’s life but “almost without regard to the fact that he is a seven-year-old growing up in London”.’ …
This post is only available to members.