B v B

The court held that there should be no absolute right for the husband to buy out the wife’s interest in the carwash premises for a fixed sum, and any necessary valuation should be conducted by a jointly appointed valuer or one nominated by the President of the Royal Institute of Chartered Surveyors. The costs order of the Circuit Judge, requiring the wife to pay one third of the husband’s costs in both courts below, was upheld as a fair reflection of the issues litigated. Leave to appeal to the House of Lords was refused.

Parties: Appellant: L K B; Respondent: A B
Jurisdiction: England and Wales
Judgment Date: 12 May 2008
Procedural Posture: Civil Appeal (family Law) / Post Judgment; Consequential Orders and Costs
Outcome: Appeal dismissed; consequential orders made; 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

Summary, issues, holding and outcome

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Parties

L K B

Appellant

A B

Respondent

Procedural Posture

Civil Appeal (family Law) / Post Judgment; Consequential Orders and Costs

Legal Issues

1 Whether the husband should have an absolute right to buy out the wife’s interest in the carwash premises for a fixed sum
2 Appropriate method for valuation of the carwash premises if required
3 Proper allocation of costs between the parties in light of conduct and contribution issues

Ratio Decidendi

Court Disposition

Appeal dismissed; consequential orders made; leave to appeal refused

Orders

Order amended to correct errors under the slip rule
No absolute right to buy out at a fixed sum; valuation to be by joint valuer or RICS President nominee if needed