header-logo header-logo

09 May 2013
Issue: 7560 / Categories: Legal News
printer mail-detail

Broke ex-wife fails in claim

Multi-millionaire does not have to pay housing & lifetime maintenance 20 years after divorce

An ex-wife’s claim for housing and lifetime maintenance more than 20 years after her divorce should be struck out as an abuse of process, the Court of Appeal has held.

The case, Wyatt v Vince [2013] EWCA Civ 495, is the first reported use of r 4.4 of the Family Procedure Rules 2010.

When Kathleen Wyatt married Dale Vince in 1981, they lived on benefits. They had a child in 1983, separated in 1984 and divorced in 1992. Vince became a New Age traveller and sold wind-powered telephones at Glastonbury before setting up a green energy company, Ecotricity, which is now worth £90m. Wyatt has fared less well financially, and currently lives on benefits.

Last year, Wyatt brought a claim against Vince, seeking a lump sum for a new home and capitalised lifelong maintenance. The High Court declined Vince’s r 4.4 application to strike out the claim, and granted Wyatt’s application for an interim maintenance order against Vince to fund her £125,000 legal fees.

However, Lords Justice Thorpe, Jackson and Tomlinson held that the judge had been wrong not to take into account the inherent weaknesses of Wyatt’s claim, and that the order to fund Wyatt’s legal costs should not have been made because Vince would then be unable to recover his legal costs if he won.

Giving judgment, LJ Jackson said the family courts should adopt the same broad approach as in civil proceedings, and not allow claims brought many years after the divorce and with no real prospect of success.

“It must be an abuse of the court’s process to bring such proceedings...The present case is a classic example of such abuse,” he said.

Davina Hay, partner at Schillings, who acted for Vince, says: “My client was placed in an extremely unenviable position during these proceedings: either give in to his ex-wife’s demands or face the Kafka-esque prospect of a trial in which he was funding her lawyers as well as his own and yet had no prospect of recovering his own legal costs from her even if he won.”

There is no statute of limitations for a party to a marriage to bring a claim for a financial order. They must not have re-married but they can still claim if their former spouse has re-married.

Issue: 7560 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll