Martin Pointer QC and Simon Webster (instructed by Schillings ) for the husband; Philip Cayford QC and Simon Calhaem (instructed by Mishcon de Reya ) for the wife.
The wife applied for a financial provision order against the husband some 19 years after they had been divorced, during which time the husband had become a multi-millionaire. The judge dismissed the husband’s application to strike out the wife’s claim and ordered him to pay her £125,000 to fund her claim. After the judge refused the husband’s application for permission to appeal the husband made the payment ordered to the wife’s solicitors. The Court of Appeal subsequently set aside the judge’s order refusing to strike out the claim. The husband applied for repayment of the money paid into the litigation fund.
Application granted. The wife had had notice of the husband’s intention to appeal when he applied to the judge for permission to appeal. Subsequently the husband’s solicitors had written to the wife’s solicitors stating his intention to reclaim the money and served the appellant’s notice on them. Accordingly, the wife had had sufficient notice and was bound to repay the money.