Williams-Wynne v Williams-Wynne & Anor

Williams-Wynne v Williams-Wynne & Anor

The judge was entitled to refuse amortisation of the wife's capital and to award her a secure income of £60,000 per year, given the unique circumstances of the case and the generational nature of the family estate. There was no error in the substantive financial provision, but the costs order against the husband was not adequately justified and permission to appeal on costs is granted.

Parties
Claimant/appellant: Williams-Wynne; Defendant/respondent: Williams-Wynne & Anr
Jurisdiction
England and Wales
Judgment Date
20 July 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused on substantive issues; granted on costs issue only.
Legal Topics
Ancillary Relief, Costs, Amortisation of Capital, Discretion in Financial Provision
Family Law Ancillary Relief Costs Amortisation of Capital Discretion in Financial Provision

Case Brief

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Parties

Williams-Wynne

Claimant/appellant

Williams-Wynne & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in failing to amortise the wife's capital provision
  2. 2 Whether the award to the wife of a secure income of £60,000 per year was disproportionate
  3. 3 Whether the costs order against the husband was justified

Ratio Decidendi

The judge was entitled to refuse amortisation of the wife's capital and to award her a secure income of £60,000 per year, given the unique circumstances of the case and the generational nature of the family estate. There was no error in the substantive financial provision, but the costs order against the husband was not adequately justified and permission to appeal on costs is granted.

Court Disposition

Application for permission to appeal refused on substantive issues; granted on costs issue only.

Orders

  • Permission to appeal refused on substantive financial provision.
  • Permission to appeal granted on the issue of costs.