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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