| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 472 (Jul) |
| Neutral Citation: | [2003] EWCA Civ 1084 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Dame Elizabeth Butler-Sloss P, Thorpe and Mantell LJJ |
| Representation | Nicholas Cusworth (instructed by Jacobs Allen Hammond) for the husband. |
| Clare Renton (instructed by Kidd Rapinet) for the wife. | |
| Judgment Dates: | 28 July 2003 |
Catchwords
Matrimonial law - Financial provision - Ancillary relief - Costs - Calderbank offers - Proper approach - Family Proceedings Rules 1991 (), rr 2.69 - 2.69D.
The Case
In giving his judgment in respect of costs in a Calderbank case, the judge had applied the relevant rules and there were no grounds upon which the court was entitled to interfere with his conclusion. Whilst recognising the difficulties which arose from the awkwardness of the language of r 2.69B of the Family Proceedings Rules, the rule was not incomprehensible and could be read with other relevant provisions to make an order which reflected the justice of the case.
Practice Areas
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