Rothwell v Rothwell

Rothwell v Rothwell

The appeal is dismissed by consent on the terms of the mediated agreement, with no order as to costs, as the compromise reached in mediation is binding and should be robustly upheld absent vitiating factors.

Parties
Appellant: Mr Rothwell; Respondent: Mrs Rothwell
Jurisdiction
England and Wales
Judgment Date
09 December 2008
Procedural Posture
Civil Appeal / Post Judgment, on Appeal From Epsom County Court, Ancillary Relief Proceedings
Outcome
appeal dismissed by consent, no order as to costs
Legal Topics
Ancillary Relief, Mediation, Costs, Compromise of Litigation
Family Law Civil Procedure Ancillary Relief Mediation Costs Compromise of Litigation

Case Brief

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Parties

Mr Rothwell

Appellant

Mrs Rothwell

Respondent

Procedural Posture

Civil Appeal / Post Judgment, on Appeal From Epsom County Court, Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether the mediated agreement should be enforced and the appeal dismissed by consent
  2. 2 Whether the appellant should pay the respondent's costs incurred after mediation

Ratio Decidendi

The appeal is dismissed by consent on the terms of the mediated agreement, with no order as to costs, as the compromise reached in mediation is binding and should be robustly upheld absent vitiating factors.

Court Disposition

appeal dismissed by consent, no order as to costs

Orders

  • Notice of appeal dismissed by consent on agreed terms to be perfected by subsequent order
  • No order as to costs