Calderbank v Calderbank

[1975] 3 ALLER 333

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Calderbank
vCalderbank

Court:

Judges: Cairns J
Scarman LJ
Sir Gordon Willmer

Subject References:
Ancillary proceedings
Circumstances in which order should be made in favour of husband
Compromise offer
Costs
Divorce
Financial provision
Husband
Husband having adopted style of life made possible by wife's capital resources
Husband having no capital assets
Lump sum order in favour of husband
Matrimonial Causes Act 1973 - ss 23, 25
Offer rejected
Offer by party before hearing
Offer exceeding award made at hearing
Offer made without prejudice to issue at hearing
Order in favour of husband
Whether in making offer party entitled to reserve right to refer to offer in relation to costs
Whether order should be made in husband's favour only in exceptional circumstances
Whether party making offer entitled to costs subsequent to offer
Whether spouses should be treated on equal basis for purpose of applications for financial provision
Wife possessing substantial capital assets
Wife under no duty to maintain husband

Case References:
Wachtel v. Wachtel - [1973] 1 All ER 829; [1973] Fam 72; [1973] 2 WLR 366
Griffiths v. Griffiths - [1974] 1 All ER 932; [1974] 1 WLR 1350

Hearing date: 4 June 1975
Judgment date: 5 June 1975

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Appeal against financial provision order dismissed .

COSTS HEARING

Appeal against order as to costs allowed .

Solicitors: Eland Hore Patersons (for the wife); Pothecary & Barratt agents for Leak, Almond & Parkinson, Manchester (for the husband).

James Collins Esq Barrister.