[1] A "Calderbank Offer" can often be identified by the disclaimer "without prejudice, save as to costs".

After a marriage of 17 years, Mr and Mrs Calderbank separated and filed for divorce, which was duly granted.

However substantial difficulties arose regarding the division of the matrimonial assets of £78,000, resulting from the £80,000 Mrs Calderbank had previously inherited during the relationship from the estates from the death of both her parents.

Complicating matters further, the matrimonial home was registered under only Mr Calderbank's name (for fiscal reasons), and he continued to live in this property after the divorce.

However prior to the matter going to trial, Mrs Calderbank had made the following offer via no less than the form of an affidavit, "I am willing, and have always been willing, to make over to the [husband] the house at Alderley Edge", which Mr Calderbank declined.