DSD v MJW (Costs of mps)

DSD v MJW (Costs of mps)

The application for interim maintenance pending suit was dismissed because it was made at a late stage, failed to satisfy legal criteria for intervention, and was thoroughly cost disproportionate, with no manifest need or risk justifying court intervention.

Parties
Applicant Wife: DSD; Respondent Husband: MJW
Jurisdiction
England and Wales
Judgment Date
05 June 2025
Procedural Posture
Application for Maintenance Pending Suit / Post Hearing Judgment
Outcome
application dismissed
Legal Topics
Maintenance Pending Suit, Costs in Financial Remedy Proceedings, Interim Financial Relief
Family Law Maintenance Pending Suit Costs in Financial Remedy Proceedings Interim Financial Relief

Case Brief

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Parties

DSD

Applicant Wife

MJW

Respondent Husband

Procedural Posture

Application for Maintenance Pending Suit / Post Hearing Judgment

Legal Issues

  1. 1 Whether interim maintenance pending suit should be granted at a late stage in proceedings
  2. 2 Whether the application is proportionate given the costs incurred
  3. 3 Whether the applicant meets the legal criteria for interim support

Ratio Decidendi

The application for interim maintenance pending suit was dismissed because it was made at a late stage, failed to satisfy legal criteria for intervention, and was thoroughly cost disproportionate, with no manifest need or risk justifying court intervention.

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