Ancillary relief appeal

Re M [2009] EWCA Civ 311

Costs are much more likely to be awarded on an appeal than at first instance. At first instance nobody knows what the judge is going to find. On an appeal both parties have the chance to take stock and make an offer. The Court of Appeal refused permission to appeal from the High Court judge’s order that the husband should pay the wife’s costs of her successful appeal from the district judge. The husband through his counsel had opposed the appeal ‘root and branch’ and announced that he intended to apply for costs if the appeal were successfully opposed. Such a litigant, if he lost as here, could not complain when the judge took the view that he should contribute to or pay, the appellant’s costs.