Vince v Wyatt [2013] EWCA Civ 495 – Law Journals

Financial provision: Proceed with haste

Tania Derrett-Smith looks at the impact of delay on financial remedy applications ‘The Supreme Court decision in Wyatt highlights that delay in bringing an application for a financial remedy will be a major factor for the court’s consideration, and is quite likely to have an impact on the final outcome.’ Surprisingly, there are relatively few …

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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 …

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Financial Provision: Limited consequences?

Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …

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Marital Agreements: Final word

In the first of a two-part analysis Che Meakins discusses different types of agreements between parties in family proceedings and their impact ‘Unless there are “compelling reasons to the contrary”, an agreement should be given effect to where it is freely entered into by both parties.’ The rise of alternative dispute resolution methods may make …

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Financial Provision: Time is money

Rebecca Huxford considers the arguments for and against the introduction of a limitation period in financial proceedings ‘There are cases where the applicant may have very good reasons for not bringing the claim earlier, even if the delay is one of many years.’ Unlike most areas of law, limitation periods are unfamiliar territory to family …

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