“…e referred us to the judgment of Lord Wilson of Culworth in the Supreme Court (with whom the other members of the court agreed) in Wyatt v Vince (Nos. 1 and 2) [2015] 1 WLR 1228, 1241 at [27].…”
“…ce of a particular power was deliberate, and it led to potential unfairness. An analogy can be drawn with the Family Procedure Rules (“FPR”): see Wyatt v Vince [2015] 1 WLR 1228, where the Supreme Court held that a power similar to Rule 11B deliberately did not give power to grant a summary judgment as opposed to a power to strike out …”