Hajnalka Stephens v Andrew Stephens (D 17 of 2021) [2023] TCASC 50 (3 February 2023)

Flynote

Civil Remedies

Case summary

The Application was dismissed. An application for maintenance pending suit is one that should be brought early in the proceedings [18]. The assessment is an interim assessment and any injustice [either way] can be remedied in the final order [19]. The principles which apply to interim maintenance and/or maintenance pending suit were set out by Nicholas Mostyn QC (as he then was) in TL -v- ML  and were cited with approval in MG -v- GM [22]. It was the Court's view that considerable court time and legal costs could be saved by moving straight to a final ancillary relief hearing. The drafting of comprehensive affidavits has already occurred and disclosure has been dealt with. Whilst the Application was made in the petition, it was not progressed with vigour and the Court could see little point in listing an interim application when it could deal with the substantive application in relatively short order [24].

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