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WILLIAM BAKER v PAULINE JESSIE ROWE

The general rule, under the Family Proceedings Rules 1991 r.2.71(4)(a), that there be no order for costs in ancillary relief proceedings did not apply to the issue of costs between two parties who had intervened in ancillary relief proceedings in order to establish a beneficial interest in the marital home, as those proceedings between the interveners were not "ancillary relief proceedings" for the purpose of that rule.

24 November 2009

The appellant (B) sought permission to appeal against an order for costs made against him in favour of the respondent (R), his ex-wife. B and R had intervened in proceedings for ancillary relief between R's parents. R had paid off her parents' mortgage and for a period of six years while R and B were married, the payments had been made from B and R's joint account. Upon their divorce, B agreed to make no claim in respect of R's parents' property. However, upon R's parents' divorce, B sought a beneficial interest in that property. The district judge dismissed B's application and ordered B to pay R's costs on the basis that the general rule in ancillary relief proceedings under the Family Proceedings Rules 1991 r.2.71(4)(a), that there would be no order for costs, did not apply to the instant situation. On appeal, the circuit judge found that: B needed permission to appeal to him; had he considered the issue of permission to appeal as a discrete matter he would have granted it; the ap...

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