COSTS AND “ABSURD” CONDUCT IN LITIGATION: HOW TO WASTE £1 MILLION…
This blog rarely looks at family cases. When it does it is often in relation to costs. Which is why the judgment of Mr Justice Francis in ABX v SBX  EWFC 81 caught my eye. It raises one fundamental dilemma for the family courts. The “Calderbank” principles no longer apply, this means that little pressure can be put on a recalcitrant litigant.
“… this issue occupied days of court time and far more money has been spent on the issue than the value of the transaction which it is sought to set aside. It would not be an exaggeration to say that it is plainly absurd to spend more on an issue than the monetary value of the issue (perhaps unless some fundamental principle is at stake).”
The opening lines of the judgment set the scene:-