Read the full judgment text of FCMC 17011/2011 on BabelCite. This Family Court judgment was delivered on 24 November 2016 before Deputy District Judge G. Own.
Family law – Ancillary reliefs – Costs – Variation of Costs Order Nisi – Calderbank offers – Litigation conduct – Costs follow the event – Open Proposals – Whether successful party barred from seeking full costs by Open Proposals – Whether Calderbank Offers entitled to full costs – Whether litigation conduct warrants deprivation of costs – Wife won all 6 contested issues – Wife made 4 Calderbank Offers refused by Husband – Husband alleged Wife's conduct regarding SJE and documents – Court held normal rule applies, Calderbank Offers effective, no litigation conduct found – Costs Order Nisi varied to award Wife full costs from commencement – Certificate for Two Counsel refused
Legal issues: Whether Open Proposals barred Wife from seeking full costs · Whether Calderbank Offers entitled Wife to full costs · Whether Wife's litigation conduct warranted deprivation of costs
Outcome: Costs Order Nisi varied; Wife awarded costs of ancillary reliefs proceedings from commencement to trial; Wife awarded costs of this application; Certificate for Two Counsel refused.
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