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Costs – Order for costs. The third party, a solicitor, appealed against a third party costs order imposed in respect of his role in possession proceedings brought against his wife. The judge had found that the third party had been controlling the possession proceedings and had generated a defence for his wife which he found to be without merit. The Chancery Division held that, notwithstanding that there had been no finding of dishonesty in respect of the defendant, the pursuit of speculative litigation fell into the same category as impropriety and the judge had reached a decision which had been open to him on the facts.
Costs – Order for costs. The third party, a solicitor, appealed against a third party costs order imposed in respect of his role in possession proceedings brought against his wife. The judge had found that the third party had been controlling the possession proceedings and had generated a defence for his wife which he found to be without merit. The Chancery Division held that, notwithstanding that there had been no finding of dishonesty in respect of the defendant, the pursuit of speculative litigation fell into the same category as impropriety and the judge had reached a decision which had been open to him on the facts.
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