B v B [2008] EWCA Civ 483 (12 May 2008)

B v B [2008] EWCA Civ 483 (12 May 2008)

The court held that the form of order required correction under the slip rule, that no party should have an absolute right to buy out the other's interest at a fixed sum due to outdated valuation, and that any necessary valuation should be by a jointly appointed valuer or one nominated by the President of the RICS. The costs order of the Circuit Judge, allocating one third of costs to the wife and two thirds to the husband, was upheld as a fair reflection of the issues litigated and the parties' conduct. Leave to appeal to the House of Lords was refused.

Citation
[2008] EWCA Civ 483
Parties
Appellant: L K B; Respondent: A B
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Family Law Appeal / Post Judgment, Consequential Matters and Costs
Outcome
Appeal allowed in part; form of order corrected; costs order of Circuit Judge upheld; leave to appeal refused.
Legal Topics
Ancillary Relief, Costs, Valuation of Assets, Appeal Procedure
Family Law Ancillary Relief Costs Valuation of Assets Appeal Procedure

Case Brief

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Parties

L K B

Appellant

A B

Respondent

Procedural Posture

Family Law Appeal / Post Judgment, Consequential Matters and Costs

Legal Issues

  1. 1 Form of order correction under slip rule
  2. 2 Appropriate mechanism for valuation of matrimonial asset
  3. 3 Allocation of costs in family proceedings

Ratio Decidendi

The court held that the form of order required correction under the slip rule, that no party should have an absolute right to buy out the other's interest at a fixed sum due to outdated valuation, and that any necessary valuation should be by a jointly appointed valuer or one nominated by the President of the RICS. The costs order of the Circuit Judge, allocating one third of costs to the wife and two thirds to the husband, was upheld as a fair reflection of the issues litigated and the parties' conduct. Leave to appeal to the House of Lords was refused.

Court Disposition

Appeal allowed in part; form of order corrected; costs order of Circuit Judge upheld; leave to appeal refused.

Orders

  • Form of order corrected under slip rule.
  • Valuation of carwash premises to be by joint valuer or RICS President's nominee if parties cannot agree.