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.

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