Francis Wilkinson  represented the successful Appellant against a strike out in financial remedy proceedings. 

December 12, 2017

Francis Wilkinson  represented the successful Appellant against a strike out in financial remedy proceedings.  The final order had allowed the Husband to apply to vary the lump sum before the order was perfected.  There were other proceedings which delayed his doing so, which eventually were finalised and he applied to vary the order as anticipated, but his application was struck out, the main reason being said to be the delay.  At the successful appeal the matter was reinstated and sent back to be tried by the original Judge, and the matter was resolved by agreement at that hearing.  The case was an application of the principles of strike out in family proceedings as established by Wyatt v Vince [2015] UKSC 14.