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Supreme Court will hear ex-wife’s appeal in claim against husband brought 18 years after divorce

Appeal in Vince v Wyatt [2013] EWCA Civ 495 to be heard in December

The Supreme Court will hear an appeal by the wife in the case of Vince v Wyatt [2013] EWCA Civ 495. In May 2013 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, which she issued some 18 years after the parties were divorced. The Court also held that an A v A order should not have been made against the husband requiring him to pay a total of £125,000 to fund his ex-wife's legal costs of bringing the claim against him. In the High Court Mr Vince had been ordered to pay £125,000 directly to Ms Wyatt's solicitors.

There are six grounds of appeal in respect of each of which permission to appeal has been granted. The constitution of the Appellate Committee which granted permission was Baroness Hale, Lord Sumption and Lord Carnwath.

The essential points on appeal are:

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

Miles Geffin of Mishcon de Reya, and Philip Cayford QC, Simon Calhaem and Miriam Foster, all of 29 Bedford Row, represent Ms Wyatt. Mr Vince is represented by Davina Katz of Schillings, and Martin Pointer QC and Simon Webster, both of 1 Hare Court.

For the judgment in the Court of Appeal and summary by Thomas Dudley of 1 Garden Court Chambers, please click here.