This is the judgment of the court. This adjourned application for permission to appeal, with appeal to follow if permission is granted, arises out of failed proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 (the "1975 Act"). There was also a claim to enforce what was said to be a contractual obligation to make financial provision for a divorced wife, that contract being said to be found in or evidenced by a consent order, a claim which was struck out. After failure of these two claims, the judge, Mr James Tillyard QC, sitting as a deputy High Court Judge, made a costs order awarding the defendant 25% of her overall costs. There is no appeal by the defendant against that order, but the claimants do seek to appeal, submitting that in respect to the 1975 Act proceedings the judge failed to give effect to his own ruling that, but for certain late concessions made by the defendant at the hearing, he would have granted the relief requested under the 1975 Act of permitting the claim to be brought out of time, which was the issue then before him. It is submitted therefore that the judge ought to have made an order giving the applicants their costs of the 1975 Act application. It is not disputed that the defendant ought to receive all her costs of what has been called the contractual claim.

http://www.bailii.org/ew/cases/EWCA/Civ/2006/1784.html