The parties, H and W had disputed ancillary relief on their divorce. After a contested hearing, and an appeal lodged, the court proposed mediation. Mediation led to an agreement, which was at first repudiated but then re-instated by H. W applied for costs after the mediation.
Held: The mediated agreement provided for no costs to be paid. That would apply also to the later vacillation.
As a matter of general law there is no doubt at all that once the parties have arrived at a compromise of litigation, the court will uphold and enforce that compromise, absent some vitiating element.
Judges:
Thorpe, Jackson LJJ
Citations:
[2008] EWCA Civ 1600, [2009] 2 FLR 96, [2009] Fam Law 388
Links:
Jurisdiction:
England and Wales
Family, Costs
Updated: 23 July 2022; Ref: scu.291920