E v B (Interim Maintenance Inaccurate Time Estimate) [2021] EWFC B904 November 2021
Published: 15/03/2022
https://www.bailii.org/ew/cases/EWFC/OJ/2021/90.html
Recorder Chandler.
W’s application for interim maintenance and costs allowance in proceedings under Part III. Robust assumptions were made about H’s ability to pay, and W was awarded £3,000 pcm interim maintenance. W’s application for a costs allowance was dismissed in the absence of satisfactory compliance with the requirement to demonstrate she could not reasonably procure representation by other means.
The judgment contains a clear warning on the need to provide accurate time estimates for interim hearings. The agreed position that W’s applications and a contested First Appointment could be heard within 2 to 2.5 hours was 'wildly optimistic, to the point of absurdity'. Practitioners should be wary of the obligation to alert the court as soon as it becomes apparent the allocated time will be insufficient (see [3]–[11]). The First Appointment was relisted as a result.
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