Between-the-parties costs

Baker v Rowe [2009] EWCA Civ 1162, 6 November 2009

The parties had paid off the wife’s parents’ mortgage from their joint account and subsequently the husband sought a beneficial interest in that property. The district judge dismissed his application and ordered him to pay the wife’s costs. The husband appealed on the grounds of the general rule in ancillary relief proceedings under the Family Proceedings Rules 1991, r2.71(4)(a) there should be no order for costs.