There is a dispute between the parties to an ancillary relief application as to whether...
There is a dispute between the parties to an ancillary relief application as to whether a third party has a beneficial interest in property. If the court is to bind the third party by its determination of this dispute, is it sufficient for the third party to be served and given permission to be joined as an intervenor if they wish or must they be joined as a party in any event?
There is a distinction between an intervention (which is at the behest of the third party) and joinder as a party (which may be against the will of the third party).
Where the property or other rights of a third party may be directly affected by an order on an ancillary relief application, or it is necessary for that party to be before the court to give effect to the order, the proper course will usually be to join the third party.
Where, however, a third party simply wishes to assert an interest in property which
