Wyatt v Vince [2016] EWHC 1368 (Fam)

10 June 2016

Judicial approval of the settlement reached by agreement following the Supreme Court decision in Wyatt v Vince [2015] UKSC 14; consideration of reporting restrictions and the costs of a Dean summons.

Facts

  •  Following the decision of the Supreme Court in Wyatt v Vince [2015] UKSC 14 – allowing Ms Wyatt to pursue financial remedy proceedings 19 years after the grant of decree absolute – the parties reached a compromise agreement on 24 March 2016.
  • In the course of drafting the consent order, Mr Vince attempted to introduce a mutual reporting restriction into the agreement. This was contested by Ms Wyatt, who issued a summons to hold Mr Vince to the original agreement. Mr Vince later conceded the issue and it formed no part of the hearing before Cobb J.
  • On 20 May 2016 Cobb J was asked to approve the agreement, determine whether its terms could be made public, and rule as to Ms Wyatt’s costs of the hearing.

Held

  • Cobb J approved the terms of the agreement, under which Ms Wyatt would receive £300,000 in full and final settlement of her claims for financial relief – in addition to the £325,000 already awarded to her in respect of her costs.
  • Publication of the terms of the agreement was permitted. The presumption of confidentiality had been displaced by reason of the already extensive press coverage. There was also a legitimate public interest in the outcome of Ms Wyatt’s claim. Conversely, Cobb J refused permission to publish Ms Wyatt’s estimated costs bill because it was potentially misleading.
  • Mr Vince was ordered to pay Ms Wyatt’s costs of issuing the summons, as they stood on 13 May 2016, summarily assessed at £1,000. There was no order as to costs in respect of the hearing of 20 May 2016.

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