DSD v MJW (Costs of mps) [2025] EWFC 119 (B) (24 April 2025)

DSD v MJW (Costs of mps) [2025] EWFC 119 (B) (24 April 2025)

Application for maintenance pending suit dismissed due to lack of manifest need, proximity to final hearing, and exceptionally disproportionate costs; court intervention not justified at this stage.

Citation
[2025] EWFC 119 (B)
Parties
Applicant Wife: DSD; Respondent Husband: MJW
Jurisdiction
England and Wales
Judgment Date
24 April 2025
Procedural Posture
Application for Maintenance Pending Suit (mps) in Financial Remedies Proceedings / Post Fdr, Pre Final Hearing, Interim Application
Outcome
Application dismissed
Legal Topics
Maintenance Pending Suit, Costs in Family Proceedings, Proportionality of Costs
Family Law Financial Remedies Maintenance Pending Suit Costs in Family Proceedings Proportionality of Costs

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Parties

DSD

Applicant Wife

MJW

Respondent Husband

Procedural Posture

Application for Maintenance Pending Suit (mps) in Financial Remedies Proceedings / Post Fdr, Pre Final Hearing, Interim Application

Legal Issues

  1. 1 Whether interim maintenance pending suit should be ordered given proximity to final hearing and cost proportionality
  2. 2 Whether the application for maintenance pending suit was justified in law and fact
  3. 3 Appropriateness of costs incurred for interim application

Ratio Decidendi

Application for maintenance pending suit dismissed due to lack of manifest need, proximity to final hearing, and exceptionally disproportionate costs; court intervention not justified at this stage.

Court Disposition

Application dismissed

Orders

  • Draft order to be submitted on the portal
  • Costs to be considered on paper; parties to make submissions as directed