Litigation Misconduct and the Court’s quasi inquisitorial approach: VS v OP [2024] EWFC 190

Background: In the case of VS v OP , the court was confronted with severe litigation misconduct, non-disclosure, and breaches of court orders by one of the parties. The husband, appearing as a litigant in person, faced numerous challenges, including the wife’s persistent failure to comply with disclosure requirements and non-attendance at hearings. This case highlights the court's quasi-inquisitorial approach in financial remedy proceedings.

Key Issues:

1. Litigation Misconduct and Non-Disclosure: The wife repeatedly failed to comply with court orders for disclosure. The husband, unable to afford representation, struggled to meet procedural requirements, including the preparation of a proper hearing bundle.
2. Court's Quasi-Inquisitorial Role: The court had to take an active role in investigating the issues due to the lack of compliance and full disclosure by the parties. The judge emphasised the need for fair outcomes, considering all relevant factors under s.25 of the Matrimonial Causes Act 1973, despite the procedural challenges.

Court's Findings:

1. Non-Disclosure and Inferences: Due to the wife's non-disclosure, the court had to draw reasonable inferences about the parties’ financial positions. The court avoided speculation and sought to base its findings on the available evidence, ensuring the inferences were properly drawn and justified.
2. Assets and Liabilities: The court assessed the visible assets and liabilities of both parties, considering the husband's disclosure and the limited information from the wife. Despite the wife's non-attendance and lack of disclosure, the court made findings on the net equity of properties, investments, and liabilities.
3. Procedural Challenges: The absence of a proper bundle and the fragmented nature of the documentation made it difficult for the court to get a clear picture of the case. The judge decided against adjourning the final hearing, given the low asset nature of the case and the improbability of the wife complying with future orders.

Conclusion: The judgment in VS v OP underscores the court's duty to ensure a fair resolution in financial remedy cases, even when faced with significant procedural non-compliance and misconduct by the parties. The quasi-inquisitorial approach adopted by the court aims to achieve justice by actively investigating and drawing reasonable inferences from the available evidence, ensuring that the parties’ conduct does not unduly prejudice the outcome.

The case illustrates the complexities and judicial responsibilities in managing financial remedy proceedings, particularly when one party engages in litigation misconduct and non-disclosure. The court’s ability to adapt and ensure a fair outcome, despite these challenges, is critical in maintaining the integrity of the legal process.

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