ANCILLARY RELIEF: B v B

31 OCT 2007

(Family Division; Sir Mark Potter P; 26 October 2007)

A consent order in financial proceedings had been based on a valuation of the matrimonial home at £1.25 million; the house was eventually sold for £1.6 million. The wife sought leave to appeal the order out of time. The wife had no reasonable prospect of establishing that any of the principles established in Barder v Barder (Caluori intervening) [1987] 2 All ER 440 applied. The increase in the value of the property had resulted from a combination of two factors, a rising property market and the husband's refurbishment of the property, which had increased the value of the property by more than the cost of the works. Whether or not these factors had been foreseen, they were foreseeable.

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