Calderbank v Calderbank [1975] 3 All ER 333 – Law Journals

TOLATA 1996: Making allowances

Lehna Gardiner and Greg Williams consider equitable accounting and in particular the circumstances in which an occupation rent may be payable and how it will be calculated ‘Where one party is excluded from the enjoyment of the property, it is likely that a claim to an occupation rent will arise in principle.’ Socrates is reputed …

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In practice: The winds of change

Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …

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Costs: A blast from the past?

After balancing the pros and cons, Julian Bremner makes a case for the return of modified Calderbank offers ‘A Calderbank offer, properly used, was a tool in a practitioner’s arsenal to try to prompt a recalcitrant party to carefully consider a realistic and genuine proposal to settle.’ Family practitioners who entered the fray post-2006, and …

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Wills: The perils of assisting with a will

Edward Hicks considers the implications of Re Devillebichot; Brennan v Prior [2013] for dealing with litigants-in-person ‘The general rule is that costs will follow the event. An executor is not bound to propound or defend a will; therefore to do so potentially exposes an executor to a costs risk if they fail.’ When Anthony (a …

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Part 36: Money: that’s what I want

Lee Coulthard outlines some common pitfalls in the use of Part 36 A Part 36 offer does not protect a party against its own serious misconduct, and practitioners should be ready to alert the court to such misconduct at the close of any trial where a Part 36 offer is not beaten. When seeking to …

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