Wyatt v Vince: The Reality of Individualised Justice – Financial Orders, Forensic Delay, and Access to Justice

In Wyatt v Vince, the Supreme Court was called upon to consider the correct interpretation of rule 4.4 of the Family Procedure Rules 2010, which governs the court’s power to strike out a statement of case. The Court of Appeal’s 2013 decision, from which the wife appealed, was the first reported decision on the interpretation of rule 4.4. This case commentary examines the Supreme Court’s unanimous judgment in detail. Whilst the judicial interpretation of rule 4.4 resolves the matter before the court, Lord Wilson’s judgment contains critical analysis of the nature of ‘needs’ and ‘contributions’ within the Matrimonial Causes Act 1973, section 25 exercise, both independently and as they relate to delay. The court responds to the ‘forensic delay’ on the facts by narrowing its construction of ‘needs’ to those generated by the relationship and treating delay as a countervailing consideration to weigh against ‘contributions.’ The former reasoning raises the possibility of a more coherent, interpersonal theoretical basis for financial provision upon relationship breakdown more generally. The latter arguably constructs delay as a substantive consideration, which strengthens the social obligation basis for financial provision.

This paper is published in (2015) 27: 2 Child and Family Law Quarterly 195-208, and also available here.

Leave a Reply

Your email address will not be published.